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Title 12: Of Special Proceedings of a Criminal Nature | Chapter 3: Of Search Warrants

California Penal Code, Part 2 — Criminal Procedure – 2026

Back to Part Part 2: Of Criminal Procedure ← Previous Part 2: Of Criminal Procedure | Title 12: Of Special Proceedings of a Criminal Nature | Chapter 2: Pretrial Review Next → Part 2: Of Criminal Procedure | Title 12: Of Special Proceedings of a Criminal Nature | Chapter 3.5: Disclosure of Medical Records to Law Enforcement Agencies

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Chapter 1: Of Lawful Resistance Chapter 2: Of the Intervention of the Officers of Justice Chapter 3: Security to Keep the Peace Chapter 5: Suppression of Riots Title 2: Mode of Prosecution Title 2.5: Nightcourt Chapter 1: Of the Local Jurisdiction of Public Offenses Chapter 2: Time of Commencing Criminal Actions Chapter 3: Complaints Before Magistrates Chapter 4: The Warrant of Arrest Chapter 4.2: Code Enforcement Officers Chapter 4.5: Peace Officers Chapter 5: Arrest, by Whom and How Made Chapter 5A: Uniform Act on Fresh Pursuit Article 1: Colorado River Crime Enforcement Compact Article 2: California-Nevada Compact for Jurisdiction on Interstate Waters Chapter 5C: Citations for Misdemeanors Chapter 5D: Filing Complaint After Citation Chapter 6: Retaking After an Escape or Rescue Chapter 7: Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer Chapter 1: General Provisions Article 1: Qualifications of Grand Jurors Article 2: Listing and Selection of Grand Jurors Article 3: Jury Commissioners Article 4: Impaneling of Grand Jury Article 1: General Provisions Article 2: Investigation of County, City, and District Affairs Article 3: Legal and Other Assistants for Grand Juries Article 4: Conduct of Investigations Chapter 1: Finding and Presentment of the Indictment Chapter 2: Rules of Pleading Chapter 1: Of the Arraignment of the Defendant Chapter 2: Setting Aside the Indictment or Information [995 - 999a] Chapter 2.2: Career Criminals [999b - 999h] Chapter 2.3: Repeat Sexual Offenders [999i - 999p] Chapter 2.4: Child Abusers [999q - 999y] Chapter 2.5: Special Proceedings in Narcotics and Drug Abuse Cases Chapter 2.55: Deferred Entry of Judgment Pilot Program Chapter 2.6: Deferred Entry of Judgment Reentry Program Chapter 2.65: Child Abuse and Neglect Counseling Chapter 2.7: Misdemeanor Diversion Chapter 2.8: Diversion of Defendants With Cognitive Developmental Disabilities Chapter 2.8A: Diversion of Individuals with Mental Disorders Chapter 2.81: Pretrial Diversion of Traffic Violators Chapter 2.9: Diversion of Misdemeanor Offenders Chapter 2.9A: Bad Check Diversion Chapter 2.9B: Parental Diversion Chapter 2.9C: Military Diversion Program Chapter 2.9D: Theft and Repeat Theft Crimes Diversion or Deferred Entry of Judgment Program Chapter 2.9E: Primary Caregiver Diversion Chapter 2.92: Law Enforcement Assisted Diversion (LEAD) Pilot Program Chapter 2.95: Diversion Restitution Fee Chapter 2.96: Court Initiated Misdemeanor Diversion Chapter 3: Demurrer and Amendment Chapter 4: Plea Chapter 5: Transmission of Certain Indictments and Information Chapter 6: Change of Venue Chapter 7: The Mode of Trial Chapter 8: Formation of the Trial Jury and theCalendar of Issues for Trial Chapter 9: Postponement of the Trial Chapter 10: Discovery Chapter 1: Challenging the Jury Chapter 2: The Trial Chapter 3: Conduct of the Jury After the Cause Is Submitted to Them Chapter 4: The Verdict or Finding Article 1: Initial Sentencing Article 1.5: Recall and Resentencing Chapter 4.8: Pregnant and Parenting Women’s Alternative Sentencing Program Act Chapter 5: Bills of Exception Chapter 6: New Trials Chapter 7: Arrest of Judgment Chapter 1: The Judgment Chapter 1.4: Electronic Monitoring Chapter 1.5: Certification of Drug Diversion Programs Chapter 2: The Execution Chapter 3: California Community Corrections Performance Incentives Chapter 1: Appeals, When Allowed and How Taken, and the Effect Thereof Chapter 1a: Judicial Council Rules [1247k- 1247k.] Chapter 2: Dismissing an Appeal for Irregularity Chapter 3: Argument of the Appeal Chapter 4: Judgment Upon Appeal Article 1: In What Cases the Defendant May Be Admitted to Bail Article 2: Bail Upon Being Held to Answer Before Indictment [1277 - 1281a] Article 3: Bail Upon an Indictment Before Conviction Article 4: Bail on Appeal Article 5: Deposit Instead of Bail Article 5.5: Bail Fugitive Recovery Persons Act Article 6: Exoneration Article 7: Forfeiture of the Undertaking of Bail or of the Deposit of Money Article 8: Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail Article 9: Procedure Relating to Release on Own Recognizance Article 10: Violations Chapter 1.7: Pretrial Risk Assessment Tool Validation Chapter 2: Who May Be Witnesses in Criminal Actions Chapter 3: Compelling the Attendance of Witnesses Chapter 3a: Attendance of Witnesses Outside the State Chapter 4: Examination of Witnesses Conditionally Chapter 4.5: Examination of Victims of Sexual Crimes Chapter 5: Examination of Witnesses on Commission Chapter 6: Inquiry into the Competence of the Defendant Before Trial or After Conviction Chapter 7: Compromising Certain Public Offenses by Leave of the Court Chapter 8: Dismissal of the Action for Want of Prosecution or Otherwise Chapter 8.5: Agreement on Detainers Chapter 9: Proceedings Against Corporations Chapter 10: Entitling Affidavits Chapter 11: Errors and Mistakes in Pleadings and Other Proceedings Chapter 12: Disposal of Property Stolen or Embezzled Chapter 13: Disposition of Evidence in Criminal Cases Chapter 14: Disposition of Unclaimed Money Held by District Attorney or Court Clerk Chapter 15: Disqualification of Prosecuting Attorneys Chapter 1: Proceedings in Misdemeanor and Infraction Cases Chapter 2: Appeals In Misdemeanor and Infraction Cases Chapter 3: Transfer of Misdemeanor and Infraction Appeals Chapter 1: Of the Writ of Habeas Corpus Chapter 2: Pretrial Review Chapter 3: Of Search Warrants Chapter 3.5: Disclosure of Medical Records to Law Enforcement Agencies Chapter 3.6: Electronic Communications Privacy Act Chapter 4: Proceedings Against Fugitives From Justice Chapter 5: Miscellaneous Provisions Respecting Special Proceedings of a Criminal Nature Title 13: Proceedings for Bringing Persons Imprisoned in the State Prison, or the Jail of Another County, Before a Court Title 15: Outpatient Status for Mentally Disordered and Developmentally Disabled Offenders
§ 1523 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 sear… § 1524 (a) A search warrant may be issued upon any of the following grounds: (1) When the property was stolen or embezzled. § 1524.1 (a) The primary purpose of the testing and disclosure provided in this section is to benefit the victim of a crime by informing the victim whether the… § 1524.2 (a) As used in this section, the following terms have the following meanings: (1) The terms “electronic communication services” and “remote computing … § 1524.3 (a) A provider of electronic communication service or remote computing service, as used in Chapter 121 (commencing with Section 2701) of Title 18 of t… § 1524.4 (a) This section applies to a service provider that is subject to the Electronic Communications Privacy Act (Chapter 3. § 1525 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… § 1526 (a) Before issuing the search warrant, the magistrate may examine on oath the person seeking the warrant and any witnesses the person may produce, and… § 1527 The affidavit or affidavits must set forth the facts tending to establish the grounds of the application, or probable cause for believing that they ex… § 1528 (a) If the magistrate is thereupon satisfied of the existence of the grounds of the application, or that there is probable cause to believe their exis… § 1529 The warrant shall be in substantially the following form: County of ____. § 1530 A search warrant may in all cases be served by any of the officers mentioned in its directions, but by no other person, except in aid of the officer o… § 1531 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, afte… § 1532 He may break open any outer or inner door or window of a house, for the purpose of liberating a person who, having entered to aid him in the execution… § 1533 Upon a showing of good cause, the magistrate may, in his or her discretion, insert a direction in a search warrant that it may be served at any time o… § 1534 (a) A search warrant shall be executed and returned within 10 days after date of issuance. § 1535 When the officer takes property under the warrant, he must give a receipt for the property taken (specifying it in detail) to the person from whom it … § 1536 All property or things taken on a warrant must be retained by the officer in his custody, subject to the order of the court to which he is required to… § 1536.5 (a) If a government agency seizes business records from an entity pursuant to a search warrant, the entity from which the records were seized may file… § 1537 The officer must forthwith return the warrant to the magistrate, and deliver to him a written inventory of the property taken, made publicly or in the… § 1538 The magistrate must thereupon, if required, deliver a copy of the inventory to the person from whose possession the property was taken, and to the app… § 1538.5 (a) (1) A defendant may move for the return of property or to suppress as evidence any tangible or intangible thing obtained as a result of a search o… § 1539 (a) If a special hearing is held in a felony case pursuant to Section 1538. § 1540 If it appears that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence… § 1541 The magistrate must annex the affidavit, or affidavits, the search warrant and return, and the inventory, and if he has not power to inquire into the … § 1542 When a person charged with a felony is supposed by the magistrate before whom he is brought to have on his person a dangerous weapon, or anything whic… § 1542.5 Notwithstanding any other law, with regards to a search warrant issued upon the grounds specified in paragraph (14) of subdivision (a) of Section 1524…