Search warrants

Search warrants are used when there is no case. If there is a case, SDTs are an option.

PC1523

People v. Fisher (2002) 96 Cal.App.4th 1147 - a search warrant is a court oder.

PC1524(b) - scope of search warrant

PC1524(g) and EC1070 - Newsman Privilege/Shield Law

Article I, section 2(b) of California Constitution

Privacy Protection Act - 42 USC 2000aa et seq

Protection for documentary materials or work product materials that is going to be published.

Zurcher v. Stanford Daily (1978) 436 U.S. 547

42 USC 2000aa-7

(a) documentary materials

(b) work product materials

Violation of PPA is civil liability, not suppression of evidence

Good faith defense

Probable cause

PC1527

PC1525

Affidavit

Written affidavit - PC1526(a)

Telephone / oral - PC1526(b) and PC1528(b)

Hybrid - typed search warrant and oral affidavit

Charney v. Superior Court (1972) 27 Cal.App.3d 888

People v. Peck (1974) 38 Cal.App.3d 993 - oral affidavit need not be transcribed.

People v. Meza (1984) 162 Cal.App.3d 25

People v. Fortune (1988) 197 Cal.App.3d 941

Bowyer v. Superior Court (1974) 37 Cal.App.3d 151 - Search warrant must be in writing.

Opening

Items List

Affiant's Expertise

Justification

Probable Cause

Concluding Paragraph

Special masters

Special master only apply for searches of lawyers, physicians, psychotherapists, clergy.

PC1524 (c)-(f)

PC1524(d)

People v. Blasquez (1985) 165 Cal.App.3d 408

Attorney-client privilege

People v. Superior Court (1985) 37 Cal.App.4th 1757

PC964

Anticipatory search warrants

United States v. Grubbs (2006) 547 U.S. 90

People v. Sousa (1993) 18 Cal.App.4th 549

PC1529 form of warrant

Name of affiants

Statutory grounds

Description of persons place and vehicle subject to search

Description of property and things sought

Date search warrant issued

Signature

But good faith under People v. Superior Court (Robinson) (1977) 75 Cal.App.3d 76

Jurisdiction

Search warrant is for the county. People v. Emanuel (1978) 87 Cal.App.3d 205, People v. Smead (1985) 175 Cal.App.3d 1101, People v. Easley (1983) 34 Cal.3d 858.

Out-of-county warrant is for offense prosecuted in home county. People v. Ruster (1976) 16 Cal.3d 690; People v. Fleming (1981) 29 Cal.3d 698; People v. Galvan (1992) 5 Cal.App.4th 866.

PC781

PC782

PC1524(i) - Identity theft

People v. Dantzler (1988) 206 Cal.app.3d 289 - Good faith exception

Execution of warrant

Press

Wilson v. Layne (1999) 526 U.S. 603

Hanlon v. Berger (1999) 526 U.S. 808

Federal agents

A federal agent may be an affiant in a California search warrant but cannot serve the search warrant.

PC830.8

PC830.85

But can put in federal agent participation in affidavit and in warrant.

Chapter III 10.2.1 of CDAA book

Dogs

People v. Russell (1987) 185 Cal.App.3d 186

Victims

People v. Superior Court (meyers) 1979) 25 Cal.3d 67

Civilian Experts

People v. Eubanks (1996) 14 Cal.4th 580

Securing scene before warrant issues

Illegal unless:

Emergency

Arrest inside residence

Consent

Valid need to preserve evidence

People v. Escobedo (1973) 35 Cal.App.3d 32

Illinois v. McArthur (2001) 531 U.S> 326

Segura v. United States (1984) 468 U.S. 796 - 19 hours to get search warrant

Murray v. United States (1988) 487 U.S. 533

Knock-notice

Machado v. Superior Court (1975) 45 Cal.App.3d 316

Hudson v. Michigan (2006) 547 U.S. 586

People v. Macioce (1987) 197 Cal.App.3d 262, 271

PC1531

PC1532

PC844

People v. Gonzalez (1989) 211 Cal.App.3d 1043

Wilson v. Arkansas (1995) 514 U.S. 927

Richards v. Wisconsin (1997) 520 U.S. 385

United States v. Ramirez (1998) 523 U.S. 65

United States v. Banks (2003) 540 U.S. 31

People v. Hobbs (1987) 192 Cal.App.3d 959 - screen door

People v. Tacy (1987) 195 Cal.App.3d 1402

People v. Uhler(1989) 208 Cal.App.3d 766 - screen door

People v. Pompa (1989) 212 Cal.App.3d 1308 - inner door

People v. Howard (1993) 18 Cal.App.4th 1544 - inner door

People v. Aguilar (1996) 48 Cal.App.4th 632 - inner door

People v. Mays (1998) 67 Cal.App.4th 969 - inner door

People v. Bencomo (1985) 171 Cal.App.3d 1005 - fence

People v. Mayer (1987) 188 Cal.App.3d 1101 - fence

Time of search

PC1534 - within 10 days

GC6800 - definition of day

People v. Clayton (1993) 18 Cal.App.4th 440 - day that search warrant is issued doesn't count

People v. Stevenson (1976) 62 Cal.App.3d 915 - holidays don't count

Execution of the search warrant period does not mean that all forensics must be done within that time. PC1533 - between 7am and 10pm

Arrest between 6am and 10pm

PC1534(b)(7) - between 6am and 10 pm

People v. Watson (1977) 75 Cal.App.3d 592

People v. Zepeda (1980) 102 Cal.App.3d 1

People v. Kimble (1988) 44 Cal.3d 480 - nighttime service

In re Donald R. (1978) 85 Cal.app.3d 23 - nighttime service

Srgo v. United States (1932) 287 U.S. 206 - expired warrant invalid even if re-issued.

People v. Brocard (1985) 170 Cal.App.3d 239 - search warrant may be re-issued if not stale and new finding of probable cause.

Search warrant receipt

PC1535

PC1536

West Covina v. Perkins (1999) 525 U.S. 234

People v. Calabrese (2002) 101 Cal.App.4th 79 - search warrant need not be shown

Detention

Michigan v. Summer (1981) 452 U.S. 692

People v. Glaser (1995) 11 Cal.4th 354

Bailey v. United States (2013) 568 U.S. 186

Muehler v. Mena (2005) 544 U.S. 93

Ybarra v. Illinois (1979) 444 U.S. 85 - Cannot search each individual in place.

People v. Ingram (1993) 16 Cal.App.4th 1745 - Detention with reasonable suspicion of relationship between person and place to connect individual to illegal activities

Los Angeles County v. Tettele (2007) 550 U.S. 609 - detention of naked occupants

Franklin v. Foxworth (9th Cir. 1994) 31 F.3d 873

United States v. Thompson (2009) 667 F.Supp.2d 758

People v. Thurman (1989) 209 Cal.App.3d 817 - patdown

People v. Reyes (1990) 223 Cal.App.3d 1218 - patdown bad

People v. Gallant (1990) 225 Cal.app.3d 200 - patdown good

People v. Samples (1996) 48 Cal.App.4th 1197 - patdown good

People v. Hannah (1996) 51 Cal.App.4th 1335 - patdown

People v. Matelski (2000) 82 Cal.App.4th 837 - patdown

People v. Vanvalkenburgh (1983) 145 Cal.App.3d 163 - answering phone call

Sealing

County of Orange v. Superior Court (2000) 79 Cal.App.4th 759

People v. Hobbs (1994) 7 Cal.4th 948 - sealing of informant

People v. Martinez (2005) 132 Cal.App.4th 233

People v. Galland (2008) 45 Cal.4th 354

People v. Acevedo (2012) 209 Cal.App.4th 1040 - Hobbs dealing of wiretap

Medical records

PC1543

PC1545

Liability for search warrants

SEARCH WARRANTS: The review of search warrants is within the course and scope of employment for Deputy District Attorneys. Pursuant to Government Code Section 825, the County shall defend any employee in the bargaining unit against whom a claim is made, or a lawsuit is filed, arising out of their review of search warrants as part of their employment with the County. Where the County provides a defense under this section and a subsequent judicial determination is made that at the time of the act giving rise to the liability the employee acted in bad faith, or acted with actual malice, the County may seek reimbursement for defense fees