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7 Cards in this Set
- Front
- Back
Penal Code Section 1524 |
Penal Code Section 1524 presents the statutory grounds for issuance of a search warrant.
When the property or thing... • was stolen or embezzled.
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 |
Penal Code Section 1534 states that the search warrant shall be executed and returned within 10 days from issuance.
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Penal Code Section 168 |
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 |
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 |
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 |
As stated in Penal Code Sections 1529 and 1533, the following information must appear in the search warrant: |
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Penal Code Section 1523 |
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 |