DEFINITIONS

Question 1

What is a search warrant?

Answer 1

A search warrant is an order in writing, in the name of the people, signed by a magistrate, directing a peace officer to search for a person or things, or personal property, and to bring the same before the magistrate.

(Pen. Code, § 1523.)

Question 2

What must appear in a search warrant according to Penal Code sections 1529 and 1533?

Answer 2

• Names of all affiants
• Statutory grounds for issuance (Pen. Code, § 1524)
• Description of the places and/or persons to be searched
• Description of the things or property to be seized
• Indication if a nighttime search is authorized
• Magistrate’s signature
• Date issued

Question 3

What is prohibited from appearing in court documents supporting warrants?

Answer 3

Victim and witness ‘confidential personal information’ is prohibited.

This includes details like address, telephone number, driver’s license number, social security number, etc. (Pen. Code, § 964, subd. (b).)

Question 4

Define an affidavit in the context of a search warrant.

Answer 4

An affidavit is a separate document made under oath that states the ‘probable cause’ for the search and describes the place or person to be searched and the property to be seized.

(Pen. Code, §§ 1525, 1527.)

Question 5

How many affidavits typically accompany a search warrant?

Answer 5

Typically, only one affidavit accompanies a search warrant, but more than one may be used.

Question 6

What must an affiant do regarding the affidavit?

Answer 6

An affiant must swear to the truth of the facts in the affidavit or statement of probable cause.

(Leonard (1996) 50 Cal.App.4th 878.)

Question 7

Who can be an affiant?

Answer 7

Usually, an affiant is a police officer, but anyone can be an affiant.

(Bell (1996) 45 Cal.App.4th 1030, 1054-1055.)

Question 8

Who may authorize a search warrant?

Answer 8

Only magistrates may authorize a search warrant.

Magistrates are judges of the superior courts, courts of appeal, and the state supreme court. (Pen. Code, § 808.)

Question 9

What are ‘administrative’ warrants?

Answer 9

‘Administrative’ warrants allow warrantless searches of certain closely regulated commercial premises without probable cause.

Examples include junkyards, gun dealers, bars, etc. (Burger (1987) 482 U.S. 691; Biswell (1972) 406 U.S. 311; etc.)

Question 10

True or False: Warrantless inspections of hotel guest registries are included in the administrative search exception.

Answer 10

False.

Question 11

What are administrative ‘inspection’ warrants?

Answer 11

Administrative ‘inspection’ warrants are not addressed in the Sourcebook.

(See Code Civ. Proc., § 1822.50 et seq.; Lepeilbet (1992) 4 Cal.App.4th 1208.)