Information About California Search Warrant Laws and Rules

A California Search Warrant allows the law enforcement division of the state to conduct a search on a person or property. It can be a house, a car or an office, the law enforcement department has the right to search any property with a valid search warrant. This is done on the basis of suspicion that the alleged person or property possesses evidence of some illegal activity. It is by virtue of this search warrant that a law enforcement officer can seize any evidence found on the person or property. In certain cases searches are conducted without a search warrant as well. These are to be treated as exceptions usually. A valid search warrant is necessary if the person or the property-owner does not consent to the search or if it is an incident to an arrest conducted lawfully.

Court Procedure for Issuing a Warrant:

It is on behalf of the state that the prosecuting agency issues a search warrant. It is the judge at the court of law who issues the warrant and signs it. For this there are two specific requirements to be fulfilled; the judge must believe that

1-    a criminal activity has taken place
2-    evidence is to be found on the person or place that is mentioned in the search warrant

The warrant application needs to contain enough facts for the judge to believe it and sign it for authorization. Search warrants are different from the other kinds of warrants issued. They only authorize the law enforcement agencies to conduct a search. This is not sufficient for arresting an individual, for that an arrest warrant needs to be issued, except in special circumstances; like when there is enough evidence found related to a criminal activity and immediate action needs to be taken.

A California search warrant can be issued for a number of reasons. These are as follows:

•    If the property in question was allegedly stolen
•    If the property in question is itself or contains any evidence of a felony that has occurred or that a certain individual has committed an act of felony
•    If the property mentioned in the search warrant was purportedly used as a way to commit an act of felony
•    If the property sought is under the ownership of individual(s) who plan to use it for some criminal purpose
•    If the property in question is in possession of individual(s) who have been served with a warrant to keep them concealed and save them from being discovered
•    If an arrest warrant has been issued against the person or property owner
•    If the sought property is associated with the revealing of child pornography

A special procedure needs to be initiated in case the sought property is in the possession of a doctor, attorney, or member of the clergy or psychotherapist.

Before a California search warrant is issued the judge must have ‘probable cause’ to support it. The judge must be made to believe that the evidence searched for would be found on the person or place where the search needs to be conducted. It is only then that the warrant application or ‘affidavit’ is accepted and a search warrant is issued. Before finding the existence of the probable cause, the judge may choose to question the officer, the state investigator, the prosecutor and any witnesses that were used by the investigator to determine the necessity of the issuance of the warrant. It is the state investigator who applies for the issuance of the search warrant. These affidavits may be oral statements or written ones; and these may be presented in person or over the phone, fax or email.

California County Warrants:

For information about California warrants, you need to contact the Sheriff’s Office of the particular county. The following details would be helpful in this regard:

Alameda County Sheriff’s Office, 2000 – 150th Avenue, San Leandro, CA 94578, Phone: (510) 667 3699, El Dorado County Sheriff’s Office, 300 Fair Lane, Placeville, CA 95667, Phone: 621 6600, Alpine County Sheriff’s Office, 14777 Highway 89, Courthouse Building, Markleeville, California, Phone: (530) 694 2231, Inyo County Sheriff’s Office, 550 South Clay Street, PO Box "S", Independence, California 93526, Phone: 760 878 0395, Butte County Sheriff’s Office, 33 County Center Drive, Oroville, CA 95965, Phone: (530) 538 7321.

Kern County Sheriff's Office, 1350 Norris Road, Bakersfield, CA 93308-2231, Phone: (661) 391-7500, FAX: (661) 391 7515, Colusa County Sheriff's Office, 929 Bridge Street, Colusa, CA 95932, Phone: 530 458 0233, Lake County Sheriff's Office, 1220 Martin Street, Lakeport, CA 95453, Phone: 707 262 4200, Los Angeles County Sheriff's Department, 4700 Ramona Blvd., Monterey Park, CA 91754, Phone: (323) 267 4800, Marin County Sheriff’s Office, 3501 Civic Center Drive #145, San Rafael, CA 94903, warrants division: 415 499 7297.

Madera County Sheriff's Headquarters, 14143 Rd 28 Madera, CA 93638, Phone: (559) 675 7770, Mendocino County Sheriff's Office, 589 A Low Gap Road, Ukiah, CA 95482, Phone: 707 463 4411, Mariposa County Sheriff's Office, 5099 Old Highway, P.O. Box 276, Mariposa, CA  95338, Phone: (209) 966-3615/ (800) 774-8314, Modoc County Sheriff’s Office, 102 South Court Street, Alturas, CA 96101, Phone: 530 233 4416, Mono County Sheriff’s Office, Bridgeport Office:, PO Box 616 or, 100 Bryant St. Bridgeport CA. 93517, Toll-free: (800) 447 1912, Fax: (760) 932 7435, Nevada County Sheriff’s Office, Eric W. Rood Administrative Center, 950 Maidu Avenue,, Nevada City CA 95959, Phone: 530-265-1218.