Legal Question in Criminal Law in California

In California does a search warrant have to be physically served to the owner, if he, is physically present at the home and property at the time of search and do they have t specify what they are looking for and if its a humans body and they know theres a human body there before the search because when Swatt Team came there and came in, I gave up by going out and asking them if they ha a search warrant. They said yes anf the proceeded to hand cuff me and put me in the police car and took me downtown to police station without ever serving or showing me the said search warrant and the other police officers stayed at my residence and continued doing there search while i was not present, while i was gone.

Asked on 4/20/19, 5:13 pm

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

It's a common misconception that officers must show you the search warrant when they execute it. They don't. The warrant can't be executed until the judge issues it... but the judge can do that many ways, even by phone. Many warrants are issued electronically, so there might not even be a hard copy for several days, when a clerk prints it out.

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Answered on 4/25/19, 7:19 am

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