Jump to content

CvRbjh7.png

SAN ANDREAS STATE LEGISLATURE

LEGISLATION INDEX

  1. ARREST WARRANTS

    1001.) A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a crime. Justices of the Supreme Court, Justices of the Appellate Court and judges and magistrates of the Superior Court are defined as magistrates.
     
    1002.) When a declaration of probable cause is made by a peace officer of this state, the magistrate, if, and only if, satisfied from the declaration that there exists probable cause that the offense described in the declaration has been committed and that the defendant described therein has committed the offense, shall issue a warrant for the arrest of the defendant.
     
    1003.) The declaration in support of the warrant of probable cause for arrest shall be a sworn statement made
    in writing.
     
    1004.) Before issuing a warrant, the magistrate may examine under oath the person seeking the warrant and any witness the person may produce, take the written declaration of the person or witness, and cause the person or witness to subscribe the declaration.
  2. SEARCH WARRANTS

    1005.) A search warrant is an order in writing, in the name of the people, signed by a magistrate, directed to a peace officer, commanding him or her to search for a person or persons, a thing or things, or personal property.
     
    1006.) A search warrant cannot be issued but upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched.
     
    1007.) The magistrate, before issuing the warrant, may examine on oath the person seeking the warrant and any witnesses the person may produce, and shall take his or her affidavit or their affidavits in writing, and cause the affidavit or affidavits to be subscribed by the party or parties making them.
     
    1008.) The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.
     
    1009.) A search warrant shall be executed and returned within 10 days after date of issuance. A warrant executed within the 10-day period shall be deemed to have been timely executed and no further showing of timeliness need be made. After the expiration of 10 days, the warrant, unless executed, is void. Upon execution, a written copy of the warrant and any supporting affidavit(s) must be presented to the subject(s) of the search upon their request.
  3. WARRANT FILING & ISSUANCE

    1010.) A arrest warrant shall not be filed, unless signed by an authorized government official.
     
    1011.) A search warrant shall not be filed, unless signed by an authorized government official.
     
    1012.) An authorized official shall be defined as:
    A peace officer as defined by sections 807, 808, 809, 810, 811; A prosecutor employed by the Department of Justice or any County's District Attorney's Office. Any certified Investigator employed by any County's District Attorney's office at the discretion of the District Attorney.
×
×
  • Create New...

Important Information

We use technologies, such as cookies, to customise content and advertising, to provide social media features and to analyse traffic to the site. We also share information about your use of our site with our trusted social media, advertising and analytics partners. See more about cookies and our Privacy Policy