CHAPTER 3. Of Search Warrants

Chapter 3 enacted 1872.

§§ 1523–1542.5 · 27 sections

§ 1523 A search warrant is an order in writing, in the name of the people, signed by a magistrate, directed to a peace officer, commanding him or her to search for a…
§ 1524 (a) A search warrant may be issued upon any of the following grounds: (1) When the property was stolen or embezzled. (2) When the property or things were used…
§ 1524.1 (a) The primary purpose of the testing and disclosure provided in this section is to benefit the victim of a crime by informing the victim whether the…
§ 1524.2 (a) As used in this section, the following terms have the following meanings: (1) The terms “electronic communication services” and “remote computing services”…
§ 1524.3 (a) A provider of electronic communication service or remote computing service, as used in Chapter 121 (commencing with Section 2701) of Title 18 of the United…
§ 1524.4 (a) This section applies to a service provider that is subject to the Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546)) and…
§ 1525 A search warrant cannot be issued but upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and…
§ 1526 (a) Before issuing the search warrant, the magistrate may examine on oath the person seeking the warrant and any witnesses the person may produce, and shall…
§ 1527 The affidavit or affidavits must set forth the facts tending to establish the grounds of the application, or probable cause for believing that they exist.
§ 1528 (a) If the magistrate is thereupon satisfied of the existence of the grounds of the application, or that there is probable cause to believe their existence, he…
§ 1529 The warrant shall be in substantially the following form: County of ____. The people of the State of California to any peace officer in the County of ____:…
§ 1530 A search warrant may in all cases be served by any of the officers mentioned in its directions, but by no other person, except in aid of the officer on his…
§ 1531 The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if, after notice…
§ 1532 He may break open any outer or inner door or window of a house, for the purpose of liberating a person who, having entered to aid him in the execution of the…
§ 1533 Upon a showing of good cause, the magistrate may, in his or her discretion, insert a direction in a search warrant that it may be served at any time of the day…
§ 1534 (a) A search warrant shall be executed and returned within 10 days after date of issuance. A warrant executed within the 10-day period shall be deemed to have…
§ 1535 When the officer takes property under the warrant, he must give a receipt for the property taken (specifying it in detail) to the person from whom it was taken…
§ 1536 All property or things taken on a warrant must be retained by the officer in his custody, subject to the order of the court to which he is required to return…
§ 1536.5 (a) If a government agency seizes business records from an entity pursuant to a search warrant, the entity from which the records were seized may file a demand…
§ 1537 The officer must forthwith return the warrant to the magistrate, and deliver to him a written inventory of the property taken, made publicly or in the presence…
§ 1538 The magistrate must thereupon, if required, deliver a copy of the inventory to the person from whose possession the property was taken, and to the applicant…
§ 1538.5 (a) (1) A defendant may move for the return of property or to suppress as evidence any tangible or intangible thing obtained as a result of a search or seizure…
§ 1539 (a) If a special hearing is held in a felony case pursuant to Section 1538.5, or if the grounds on which the warrant was issued are controverted and a motion…
§ 1540 If it appears that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the…
§ 1541 The magistrate must annex the affidavit, or affidavits, the search warrant and return, and the inventory, and if he has not power to inquire into the offense…
§ 1542 When a person charged with a felony is supposed by the magistrate before whom he is brought to have on his person a dangerous weapon, or anything which may be…
§ 1542.5 Notwithstanding any other law, with regards to a search warrant issued upon the grounds specified in paragraph (14) of subdivision (a) of Section 1524, the…