BPOC Arrest, Search , and Seizure DETAILED (copy)

Magistrate may issue warrant or summons - CCP 15.03

-A magistrate may issue a warrant of arrest or a summons:

1. when authorized by law to verabal of offender

2. Any person SHALL make oath before magistrate where another has committed

3. Any case where authorized to issue warrants of arrest

-A summons may be issued in any case where a warrant may be issued, and shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place.

Sealing of Affidavit - CCP 18.011

- Prosecutor of felonies may request a district judge or the judge of an appellate court to seal an affidavit

-The judge may order the affidavit sealed if the attorney establishes a compelling state interest in that:

1. public disclosure of the affidavit would jeopardize the safety of a victim, witness, or confidential informant or cause the destruction of evidence; or

2. the affidavit contains information obtained from a court-ordered wiretap that has not expired at the time the attorney representing the state requests the sealing of the affidavit

Proof beyond a reasonable doubt - PC 2.01

the highest burden of proof in the U.S. Criminal justice system reserved for criminal cases; the prosecution must prove every element of the crime charged to this standard

Probable Cause

- 2 types of probable cause (Arrest & Search)

-when facts and circumstances known by the police officer would lead a reasonable person to believe that the suspect has committed, is committing, or is attempting to commit a crime

Probable Cause to Arrest - Brinegar v US 1949

- Probable cause exists where the facts and circumstances within the officer’s knowledge, and of which they have reasonable trustworthy information, are sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being committed.

Probable Cause to Search: See Carroll v. US 1925

- “the facts and circumstances within their [the officers’] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that [seizable property would be found in a particular place or on a particular person]

Beck v. Ohio (1964)

- Probable cause required to search
- A valid arrest can NOT be based upon a search made after the arrest

Reasonable Suspicion - US v. Sokolow 1988

- Reasonable suspicion is based on upon the totality of the circumstance and is of less burden that Probable Cause

Exception- PC 2.02

(a) An exception to an offense in this code is so labeled by the phrase: "It is an exception to the application of . . . ."

(b) The prosecuting attorney must negate the existence of an exception in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or defendant's conduct does not fall within the exception.

(c) This section does not affect exceptions applicable to offenses enacted prior to the effective date of this code.

Reasonable Belief- PC 1.07(a)(42)

- means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor.

Consensual Encounters - Florida v. Royer 1983

Peace officers are free to approach and ask questions of persons so long as officers recognize that those persons can refuse to identify themselves, refuse to cooperate, refuse to answer questions, and simply walk away.

Investigatory Stops/Detentions - Terry v. Ohio 1968

The temporary seizure of a person for investigation based on an officer's reasonable suspicion of criminal activity

Arrests - US v. Mendenhall 1980

Take persons into custody for purposes of charging them with a crime based on an officer's establishment of probable cause.

What can a peace officer do with mere suspicion?

-INVESTIGATE - -Computer checks may be made of license plates

-Surveillance may occur for additional facts and circumstances that amount to more than mere suspicion.

-Officers can initiate a police-citizen encounter so long as the officer understands the persons approached do not have to identify themselves or answer the officer's questions, and are free to simply walk away.

-The officer's objective is to obtain articulable facts and circumstances that rise to the level of either reasonable suspicion which gives officers the power to detain or probable cause which permits the officer to arrest.

Intent - necessary conditions for arrest.

A peace officer's purpose or intention to take a person into the custody of the law.

Authority - necessary conditions for arrest.

The peace officer's arrest must be made under real authority. This means the officer is authorized by law to make an arrest and the arrest is supported by probable cause.

Actual seizure - necessary conditions for arrest.

The person arrested is taken into custody either by physical force or by submission to assertion of authority.

Understanding - necessary conditions for arrest.

by the person to be arrested of the officer's intention to arrest.

Limited Conditions - necessary conditions for arrest.

to be met for either a peace officer or "any other person" to make a warrantless arrest and the conditions for only peace officers to make a warrantless arrest.

Investigative Detention

A seizure of a person with the limited scope of conducting an investigation and for which an officer must have reasonable suspicion. A person must not be detained longer than is necessary to investigate the suspicious circumstances and in no case longer than 60 minutes. If no probable cause is found, the person shall be immediately released.

arrested - CCP 15.22

-A person is arrested when he has been actually placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant.

Constructive Custody - CCP 11.21

-actual, corporeal and forcible detention of a person
-any coercive measures by threats, menaces or the fear of injury
-exercises a control over the person of another, and detains him within certain limits.

Offense within view - CCP 14.01

- A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.

- A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view.

Within view of magistrate - CCP 14.02

A peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.

Authority of peace officers - CCP 14.03

A peace officer who is outside his jurisdiction may arrest, without warrant, a person who commits an offense within the offer's presence or view, if the offense is a felony or a breach of the peace.

"suspicious places "and "circumstances" Dyar v. State 2003

-persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony, violation of Title 9, Chapter 42, Penal Code, breach of the peace, or offense under Section 49.02, Penal Code, or threaten, or are about to commit some offense against the laws

Options in Lieu of Arrest for Public Intoxication - CCP 14.031

-the officer believes detention in a penal facility is unnecessary for the protection of the individual or others; and
-is released to the care of an adult who agrees to assume responsibility for the individual;
-verbally consents to voluntary treatment for substance use in a program in a treatment facility
-verbally consents to voluntary admission to a facility
-resease by magistrate

Discuss When felony has been committed - CCP 14.04

Where it is shown by satisfactory proof to a peace officer, upon the representation of a credible person, that a felony has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, such peace officer may, without warrant, pursue and arrest the accused.

Identify Rights of officer - CCP 14.05

- Officer may adopt all measures in a warrantless arrest as he would in an arrest under warrant. Except that an officer making an arrest without a warrant may not enter a residence to make the arrest unless:

1. Consent; or
2. Exigent Circumstances

Payton v. New York (1980);

(absent exigent circumstances, a peace officer may not make a warrantless entry into a suspect's home to make a routine felony arrest)

Arrest by peace officer from other jurisdiction - CCP 14.051

-"fresh pursuit" means a pursuit without unreasonable delay by a peace officer
-A peace officer commissioned and authorized by another state to make arrests for felonies who is in fresh pursuit of a person for the purpose of arresting that person for a felony may continue the pursuit into this state and arrest the person.

Must take offender before magistrate CCP 14.06

The peace officer shall take the person arrested or have him taken without unnecessary delay, but not later than 48 hours after the persion is arrested, before a magistrate of the county.

Mandatory Arrest Authority - CCP 14.03(b)

-A peace officer shall arrest, without a warrant, a person the peace officer has probable cause to believe has committed an offense under Section 25.07, Penal Code , if the offense is committed in the presence of the peace officer.

Violation of a Protective Order in the officer's presence.

- a peace ofc who witnesses the violation of a protective order or of the commission at the scene of the violation or of family violence

Preventing Consequences of Theft (CCP 18.16)

Any person has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination, or delivering the property and the person suspected of committing the theft to a peace officer for that purpose. There must be reasonable ground to believe the property is stolen, and the seizure must be openly made and the proceedings had without delay.

Uniform Criminal Extradition Act - CCP 51.13, Sec. 14 (Arrest w/out Warrant)

-"The arrest of a person may be lawfully made also by any peace officer or private person, without a warrant upon reasonable information that the accused stands charged in the courts of a State with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in the preceding section; and thereafter his answer shall be heard as if he had been arrested on a warrant."

Privilege of Legislators (CCP 1.21)

Senators and Representatives shall, except in cases of treason, felony, or breach of the peace, be privileged from arrest during the session of the legislature and in going to and from the same, allowing one day for each day of travel of 20 miles or more.

Diplomatic Immunity- 22 USC 254 Diplomatic Relations Act

-With respect to a nonparty to the Vienna Convention, the mission, the members of the mission, their families, and diplomatic couriers shall enjoy the privileges and immunities specified in the Vienna Convention.

Discuss probable cause and arrest without warrant.

may arrest for that offense which the probable cause leads the officer to believe is occurring or has occurred. Whether or not probable cause was present to support an arrest or search is a question that will be resolved by the courts.

The court will examine the "totality of the circumstances" surrounding the seizure or detention to determine if there were sufficient facts and circumstances present to satisfy the Fourth Amendment.

Only the information known to the officer at the time of the seizure or search will be considered by the court

"Perhaps the central teaching of our past decisions bearing on the probable cause standard is that it is a practical, non-technical conception.

issues surrounding custodial statements.

Peace officers must respect the citizen's right against self-incrimination as protected by the U.S. Constitution's Fifth Amendment.

persons in custody prior to interrogation must be clearly informed by peace officers that they have the right to remain silent and that anything they say can and will be used against them in court.

Miranda warnings also require peace officers to advise persons in custody prior to interrogation that they have the right to an attorney and that if they cannot afford an attorney, one will be appointed to represent them. Miranda v. Arizona, 384 U.S. 436 (1966).

Once persons in custody indicate their right to remain silent, interrogations must cease. If the persons in custody request an attorney, the interrogations must cease until an attorney is present or, alternatively, until there is at least a fourteen-day break in Miranda custody. Maryland v. Shatzer, 130 US. 1213 (2010).

Warrant of arrest CCP 15.01

A warrant of arrest is a written order from a magistrate, directed to a peace officer or some other person specially names, commanding him to take the body of the person accused of an offense, to be dealt with in according to law.

Requisites of warrant CCP 15.02

It issues in the name of "The State of Texas", and shall be sufficient, without regard to form, if it have these substantial requisites:

1. It must specify the name of the person whose arrest is ordered, if it be known, if unknown, then some reasonably definite description must be given of him.

2. It must state that the person is accused of some offense against the laws of the State, naming the offense.

3. It must be signed by the magistrate, and his office be named in the body of the warrant, or in connection with his signature.

Warrant extends to every part of the state - CCP 15.06

A warrant of arrest, issued by any county or district clerk, or by any magistrate (except mayors of an incorporated city or town), shall extend to any part of the State; and any peace officer to whom said warrant is directed, or into whose hands the same has been transferred, shall be authorized to execute the same in any county in this State.

Warrant issued by other magistrate CCP 15.07

This is when a warrant of arrest is issued by any mayor of an incorporated city or town, it cannot be executed in another county except than the one in which it issues...However if the mayor gets the warrant endorsed by a judge of another county in which the person is residing and can be followed through. It must be endorsed by the proper magistrate.

How Warrant is Executed (CCP 15.16)

The officer or person executing a warrant of arrest shall without unnecessary delay take the person or have him taken before the magistrate who issued the warrant or before the magistrate named in the warrant, if the magistrate is in the same county where the person is arrested. If the issuing or named magistrate is in another county, the person arrested shall without unnecessary delay be taken before some magistrate in the county in which he was arrested. The officer or person executing the arrest warrant may as permitted by that article take the person arrested before a magistrate in a county other than the county of arrest.

Duties of arresting officer and magistrate - CCP 15.17

the person making the arrest or the person having custody of the person arrested shall without unnecessary delay, but not later than 48 hours after the person is arrested, take the person arrested or have him taken before some magistrate of the county where the accused was arrested or, to provide more expeditiously to the person arrested the warnings described by this article, before a magistrate in any other county of this state.

Arrest for out-of-county offense CCP 15.18

• Warrant issued in a county other than the one in which the person is arrested shall be taken before a magistrate of the county where the arrest takes place
• Warrant of an offense punishable by fine only accept a written plea of guilty or nolo contendere, set a fine, determine costs, accept payment of the fine and costs, give credit for time served, or discharge the defendant

Notice of Arrest (CCP 15.19)

If the arrested person fails or refuses to give bail, the arrested person shall be committed to the jail of the county where the person was arrested.

Duty of Sheriff Receiving Notice CCP 15.20

-Shall forthwith go or send for the arrested person and have the arrested person brought before the proper court or magistrate.

-shall have the arrested person brought before the proper magistrate or court before the 11th day after the date the person is committed to the jail of the county in which the person was arrested.

Prisoner discharged if not timely demanded - CCP 15.21

-to the extent necessary to prevent any person's automatic release on personal bond because the jail of the county where the offense is alleged to have been committed does not take charge of the arrested person before the 11th day

-If the proper office of the county where the offense is alleged to have been committed does not demand an arrested person described by Article 15.19 and take charge of the arrested person before the 11th day after the date the person is committed to the jail of the county in which the person is arrested, a magistrate in the county where the person was arrested shall:
(1) release the arrested person on personal bond without sureties or other security; and
(2) forward the personal bond to:
(A) the sheriff of the county where the offense is alleged to have been committed; or
(B) the court that issued the warrant of arrest.

Time of arrest CCP 15.23

An arrest may be made on any day or at any time of the day or night.

What force may be used- CCP 15.24

In making an arrest, all reasonable means are permitted to be used to effect it. No greater force, however, shall be resorted to than is necessary to secure the arrest and detention of the accused.

May break door CCP 15.25

In case of felony, the officer may break down the door of any house for the purpose of making an arrest, if he be refused admittance after giving notice of his authority and purpose.

Authority to arrest must be made known CCP 15.26

In executing a warrant of arrest, it shall always be made known to the accused under what the authority of the arrest is made.

Notification to schools required CCP 15.27

When a juvenile is arrested the officer or agency shall notify verbally the school within 24 hours. It should always be confidential. A written report may be generated and delivered within seven days after the date the oral notice is given. It shall be personal and confidential and this is done for protection of the teachers.

Warrantless Search Case Law

Probable Cause and Exigent Circumstances


See Brigham City, Utah v. Smart, 126 US 1943 (2006). (Exigent circumstances such as breaking up a violent fight permit warrantless entry into dwelling without a warrant).

See Kentucky v. King, 563 US 452 (2011); (Peace officers cannot create the exigency by engaging or threatening to engage in conduct that violates the Fourth Amendment, in this case, the officers did not create the circumstances, the reaction of the occupants of the apartment did).

Warrantless Search

Exceptions to the warrant requirement- consent vs exigent circumstances consent

Search warrant - CCP 18.01

A search warrant is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate. Probable cause must be established needs to exist and the substantial facts establishing probable cause shall be filed in every instance a search warrant is issued.

Grounds for issuance CCP 18.02

" search warrant may be issued to search for and seize:
(1) property acquired by theft or in any other manner which makes its acquisition a penal offense;
(2) property specially designed, made, or adapted for or commonly used in the commission of an offense;
(3) arms and munitions kept or prepared for the purposes of insurrection or riot; (4) weapons prohibited by the Penal Code; (5) gambling devices or equipment, altered gambling equipment, or gambling paraphernalia; (6) obscene materials kept or prepared for commercial distribution or exhibition, subject to the additional rules set forth by law;(7) a drug, controlled substance, immediate precursor, chemical precursor, or other controlled substance property, including an apparatus or paraphernalia kept, prepared, or manufactured in violation of the laws of this state;"

Issuance of search warrant to photograph injured child - CCP 18.021

A search warrant may be issued to search for and photograph a child who is alleged to be the victim of the offenses of injury to a child as prohibited by Section 22.04, Penal Code ;

Family Code 58.002

a child may not be photographed or fingerprinted without the consent of the juvenile court unless the child is:
(1) taken into custody; or
(2) referred to the juvenile court for conduct that constitutes a felony or a misdemeanor punishable by confinement in jail, regardless of whether the child has been taken into custody.

Search warrant may authorize arrest - CCP 18.03

Existence of probable cause that a person has committed some offense under the laws of this state, the search warrant may, in addition, order the arrest of such person.

Contents of warrant - CCP 18.04

The contents of the warrant shall include: That it run in the name of the state of Texas, that it identify which and what is to be searched or seized, that it command a peace officer of the proper county to search the person, place or thing, and it must be dated and signed by the magistrate.

Warrants for fire, health, and code inspections - CCP 18.05

of this article, a search warrant may be issued to a fire marshal, health officer, or code enforcement official of the state or of any county, city, or other political subdivision for the purpose of allowing the inspection of any specified premises to determine the presence of a fire or health hazard or unsafe building condition or a violation of any fire, health, or building regulation, statute, or ordinance.

Execution of warrants - CCP 18.06

A peace officer to whom a search warrant is delivered shall execute the warrant without delay and for with return the warrant to the proper magistrate. It cannot be executed later than the 11th day of issuance for electronic communications. A regular search warrant must be executed within three days from the time of issuance. The officer can conduct the warrant if another person answers the door and they must document all things taken from the abode and prepare a written inventory to the owner. The officer will then leave a copy of the warrant and inventory at the place.

Days allowed for warrant to run - CCP 18.07

15 Days - DNA
10 Whole Days - if the warrant is issued under section 5A which is telecommunications, etc.
Three Whole Days - for a regular warrant to be served.

Power of officer executing warrant - CCP 18.08

In executing the warrant the officer may call to his aid any number of citizens in the county.

Shall seize accused and property - CCP 18.09

When the property which the officer is directed to search for and seize is found he shall take possession of the same and carry it before the magistrate. He shall also arrest any person whom he is directed to arrest by the warrant and immediately take such person before the magistrate.

Seizure of Circuit Board of Gambling Device, Equipment, or Paraphernalia CCP 18.095 (revised 2/2010)

under a search warrant to search for and seize a gambling device or equipment, altered gambling equipment, or gambling paraphernalia in the discretion of the officer may:
(1) seize only the programmable main circuit board of the device, equipment, or paraphernalia if that circuit board siezes

2) carry the circuit board before the magistrate; and

(3) retain custody of the circuit board as the property seized pursuant to the warrant as required under this chapter.

How return made (CCP 18.10)

Not later than three whole days after executing a search warrant, the officer shall return the search warrant. Upon returning the search warrant, the officer shall state on the back of the same, or on some paper attached to it, the manner in which the warrant has been executed. The officer shall also deliver to the magistrate a copy of the inventory of the property taken into his possession under the warrant. T

Custody of property found (CCP 18.11)

Property seized pursuant to a search warrant shall be kept as provided by the order of a magistrate issued in accordance with Article 18.10 of this code.

Testing for communicable diseases following certain arrests - CCP 18.22

A person who is arrested for a misdemeanor or felony and who during the commission of that offense or the arrest, during a judicial proceeding or initial period of confinement following the arrest, or during the person's confinement after a conviction or adjudication resulting from the arrest caus

"no knock" warrant

allows officers to enter the premises without warning to occupants...to protect officers from being shot if occupants are known to be armed or to prevent disposal of contraband.

Disadvantage: Occupant may believe being attacked by home invaders and try to defend self

"Knock and announce"

entry, is designed to let occupants know its police that want to enter premises...they knock and announce presence and wait a reasonable amount of time. Both parties less at risk if door is opened peacefully.
Disadvantage of "knock and announce": Could give time for occupants to reach for weapons or destroy evidence.

Consensual Encounter

-Police ofc's can approach and ask questions
-The person can refuse to ID or answer an questions, cooperate or just walk away

Florida v. Royer, 460 U.S. 491 (1983)

Consensual encounters are ok by police as long as it's voluntary

Arrest

the taking of a person into custody w/ the purpose of criminal charging someone with a crime

Mere Suspicion

A hunch or the feeling of intuition.

Restraint - CCP 11.22

-The kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right.

Custody PC 38.01

(A) under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state or another state of the United States; or
(B) under restraint by an agent or employee of a facility that is operated by or under contract with the United States and that confines persons arrested for, charged with, or convicted of criminal offenses.

Duties of arresting officer and magistrate (CCP 15.17)

-the person making the arrest SHALL w/out unnecessary delay but NLT 48 hours be taken before some magistrate of the county accused
-May us videoconference
-Magistrate SHALL inform in clear language
-Miranda from magistrate
-Record between the arrested person and magistrate SHALL be made
-The record SHALL be preserved after pre trial or 120 days after if misdemeanor

When felony has been committed CCP 14.04

Where it is shown by satisfactory proof to a peace officer, upon the representation of a credible person, that a felony has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, such peace officer may, without warrant, pursue and arrest the accused.

Payton v. New York, 100 US 1371 (1980)

-Absent exigent circumstances, a peace officer may not make a warrantless entry into a suspect's home to make a routine felony arrest.

Violation of a Protective Order in the officer's presence.

If reasonably necessary to verify an allegation of a violation of a protective order or of the commission of an offense involving family violence, a peace officer shall remain at the scene of the investigation to verify the allegation and to prevent the further commission of the violation or of family violence.

Preventing the consequences of theft - CCP18.16

Any person has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination, or delivering the property and the person suspected of committing the theft to a peace officer for that purpose. To justify a seizure under this article, there must be reasonable ground to believe the property is stolen, and the seizure must be openly made and the proceedings had without delay.

Uniform Criminal Extradition Act - CCP 51.13, Sec. 14

Arrest Without a Warrant

The arrest of a person may be lawfully made also by any peace officer or private person, without a warrant upon reasonable information that the accused stands charged in the courts of a State with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in the preceding section; and thereafter his answer shall be heard as if he had been arrested on a warrant.

probable cause and arrest without warrant.

An officer may arrest for that offense which the probable cause leads the officer to believe is occurring or has occurred. Whether or not probable cause was present to support an arrest or search is a question that will be resolved by the courts.

The court will examine the "totality of the circumstances" surrounding the seizure or detention to determine if there were sufficient facts and circumstances present to satisfy the Fourth Amendment.

Only the information known to the officer at the time of the seizure or search will be considered by the court - any evidence found after the arrest or during the search will not be admissible to prove probable cause. "considerations of everyday life on which reasonable and prudent men" (peace officers), not legal technicians (attorneys), act." 421 U.S. at 231.

How warrant is executed - CCP 15.16

The officer or person executing a warrant of arrest shall without unnecessary delay take the person or have him taken before the magistrate who issued the warrant or before the magistrate named in the warrant, if the magistrate is in the same county where the person is arrested.

Sealing of Affidavit - CCP 18.011

An attorney representing the state in the prosecution of felonies may request a district judge or the judge of an appellate court to seal an affidavit presented under Article 18.01(b) . The judge may order the affidavit sealed if the attorney establishes a compelling state interest in that:
(1) public disclosure of the affidavit would jeopardize the safety of a victim, witness, or confidential informant or cause the destruction of evidence; or
(2) the affidavit contains information obtained from a court-ordered wiretap that has not expired at the time the attorney representing the state requests the sealing of the affidavit.
(b) An order sealing an affidavit under this section expires on the 31st day after the date on which the search warrant for which the affidavit was presented is executed.

Contents of warrant CCP 18.04

The contents of the warrant shall include: That it run in the name of the state of Texas, that it identify which and what is to be searched or seized, that it command a peace officer of the proper county to search the person, place or thing, and it must be dated and signed by the magistrate.

Execution of warrants CCP 18.06

A peace officer to whom a search warrant is delivered shall execute the warrant without delay and for with return the warrant to the proper magistrate. It cannot be executed later than the 11th day of issuance for electronic communications. A regular search warrant must be executed within three days from the time of issuance. The officer can conduct the warrant if another person answers the door and they must document all things taken from the abode and prepare a written inventory to the owner. The officer will then leave a copy of the warrant and inventory at the place.

Days allowed for warrant to run CCP 18.07

15 Days - DNA
10 Whole Days - if the warrant is issued under section 5A which is telecommunications, etc.
Three Whole Days - for a regular warrant to be served.

Power of officer executing warrant CCP 18.08

In executing the warrant the officer may call to his aid any number of citizens in the county.

Shall seize accused and property CCP 18.09

The officer shall also arrest any person who he is directed to arrest by the warrant and immediately take such person before the magistrate. Seizure will mean the restraint of property by physical force or authority.

Seizure of Circuit Board of Gambling Device, Equipment, or Paraphernalia CCP 18.095

seize only the programmable main circuit board of the device, equipment, or paraphernalia if that circuit board is designed as a subassembly or essential part of the device, equipment, or paraphernalia to provide the information necessary for the device, equipment, or paraphernalia to operate as a gambling device or equipment, altered gambling equipment, or gambling paraphernalia;
(2) carry the circuit board before the magistrate; and
(3) retain custody of the circuit board as the property seized pursuant to the warrant as required under this chapter.

No-knock warrant

-warrant allows officers to enter the premises without warning to occupants

-to protect officers from being shot if occupants are known to be armed or to prevent disposal of contraband.

-Disadvantage of “no knock” warrant: Occupant may believe being attacked by home invaders and try to defend self

"Knock and announce" Warrants

-entry, is designed to let occupants know its police that want to enter premises

-they knock and announce presence and wait a reasonable amount of time.

-Both parties less at risk if door is opened peacefully.
Disadvantage of "knock and announce"

-Could give time for occupants to reach for weapons or destroy evidence.

No knock vs Knock and Announce continued

-However, little difference in how carried out: in knock and announce officers have to knock on door but does not specify how loud knock and announcement is to be, nor how long need to wait for response. So, difference of just a few seconds.

Complaint - CCP 15.04

The affidavit made before the magistrate or district or county attorney is called a "complaint" if it charges the commission of an offense.

Requisites of complaint CCP 15.05

1. It must state the name of the accused, if known, and if not known, must give some reasonably definite description of him.

2. It must show that the accused has committed some offense against the laws of the State, either directly or that the affiant has good reason to believe, and does believe, that the accused has committed such offense.

3. It must state the time and place of the commission of the offense, as definitely as can be done by the affiant.

4. It must be signed by the affiant by writing his name or affixing his mark.