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Search Warrant Usage

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chase2112rocks

Junior Member
What is the name of your state?undefinedWhat is the name of your state?
California

How many times can a residence be searched under one search warrant?
Also, if one county (not the county we live in) aquired the search warrant can another county (the one we live in) use the same search warrant to return to the residence and search for a second time?
 


S

seniorjudge

Guest
Q: How many times can a residence be searched under one search warrant?

A: Once.


Q: Also, if one county (not the county we live in) aquired the search warrant can another county (the one we live in) use the same search warrant to return to the residence and search for a second time?

A: No.
 

chase2112rocks

Junior Member
What the search warrant pertains to speciffically

If the search warrant list specific items can they make an arrest from items not listed but that are illegal or should those items just be seized per the CA penal code? :cool: undefined
 
S

seniorjudge

Guest
Q: If the search warrant list specific items can they make an arrest from items not listed but that are illegal or should those items just be seized per the CA penal code?

A: If, for example, the search warrant lists marijuana as the item they are looking for and they find cocaine, then yes, they can make an arrest for cocaine, regardless of whether they find marijuana.
 

CdwJava

Senior Member
chase2112rocks said:
If the search warrant list specific items can they make an arrest from items not listed but that are illegal or should those items just be seized per the CA penal code? :cool: undefined
Yes, we can seize and charge for items seized pursuant to a lawfully issued warrant - even if the items were not on the warrant. However, if the item is not identified on the warrant, it's value as evidence of that or another crime must be apparent at the time of the seizure.

- Carl
 

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