California Penal Code CHAPTER 3 - Of Search Warrants

• Section 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...
• Section 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 as...
• Section 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...
• Section 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” shall be construed in accordance...
• Section 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...
• Section 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 that operates...
• Section 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...
• Section 1526.
  (a) The magistrate, before issuing the warrant, may examine on oath the person seeking the warrant and any witnesses the person may produce, and shall take...
• Section 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.(Amended...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...

Last modified: October 22, 2018