Penal Codes - Ld 16 - Search And Seizure

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Penal Code Section 1524

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Penal Code Section 1524 presents the statutory grounds for issuance of a search warrant.

When the property or thing...

• was stolen or embezzled.
1524(a)(1)
• was used as the means of committing a felony.
1524(a)(2)
• is in the possession of any person with the intent to use it as a means of committing a public offense, or in the possession of another to whom the item may have been delivered for the purpose of concealing it or preventing its being discovered.
1524(a)(3)
• constitutes evidence that tends to show a felony has been committed, or tends to show that a particular person has committed a felony.
1524(a)(4)
• consists of evidence that tends to show that sexual exploitation of a child (Penal Code 311.1), or the possession of matter depicting sexual conduct of a person under the age of 18 years (Penal Code 311.11), has occurred or is occurring.
1524(a)(5)
• of a third person must be entered in order to execute an arrest warrant.
1524(a)(6)

NOTE: Use Penal Code Section 1524(a)(4) to seize evidence such as rent receipts to show possession or control of the premises or computers.

NOTE: Penal Code Section 311.2 presents additional authority to obtain a search warrant to seize child pornography.

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Penal Code Section 1534

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Penal Code Section 1534 states that the search warrant shall be executed and returned within 10 days from issuance.

The 10-day time limit means that peace officers have 10 days within which to execute the warrant, beginning with the day after the warrant is issued and running until midnight of the 10th day, with no exceptions for weekends or holidays.

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Penal Code Section 168

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It is a felony for a peace officer to willfully disclose the existence of a search warrant, prior to its execution, for the purpose of preventing the search or seizure.

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Penal Code Section 1531

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Before entering a private dwelling to execute a search warrant, officers must comply with the requirements of knock and notice

If the knock and notice requirements are met, including refusal, peace officers may legally break in or force entry into premises to execute a search warrant.

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Penal Code Section 1535

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If no one is home, a copy of the warrant may be left in a conspicuous place. Likewise, officers must leave behind a detailed list of the property taken, whether anyone is home or not.

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Penal Code Sections 1529 and 1533

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As stated in Penal Code Sections 1529 and 1533, the following information must appear in the search warrant:
• The names of all those who have sworn that the facts presented as probable cause are true
• The statutory grounds for issuing the warrant
• Descriptions of the places and/or persons to be searched
• Descriptions of the things or property to be seized
• The magistrate’s signature
• The date issued
• An indication by magistrate if nighttime service is authorized

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Penal Code Section 1523

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Written order, in the name of the people, signed by a magistrate, directed to a peace officer, commanding the officer to search for a person or persons, a thing or things, or personal property, and, in the case of a thing or things or personal property, to bring the same before the magistrate