Title 8 — Criminal Procedure
36 chapters · 431 sections in this title.
8 GCA § 35.10 Search Warrant Defined
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(a) A search warrant is a written order issued by a judge of the Superior Court directing a peace officer to conduct a search for the purpose of seizing property and holding any property seized pending further order of the court. (b) As used in this Chapter, the term property inc…
8 GCA § 35.15 What a Warrant May be Issued For
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A warrant may be issued to search for and seize any (a) property that constitutes evidence of the commission of an offense, (b) contraband, the fruits of crime, or things otherwise criminally possessed, or (c) property designed or intended for use or which is or has been used as …
8 GCA § 35.20 When Warrant Issued; Executed; Grounds
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(a) A warrant shall issue only on an affidavit sworn to before the judge and establishing grounds for issuing the warrant. The finding of probable cause may be based upon hearsay evidence in whole or in part. Before ruling on a request for a warrant the judge may require the affi…
8 GCA § 35.25 Who May Execute
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A search warrant may be executed by any peace officer specifically named in the warrant or by any peace officer assisting him provided that one of the officers specifically named in the warrant is present at the location. NOTE: Section 35.25 is substantively the same as former § …
8 GCA § 35.30 Forced Entry of Premises; After Notice and Refusal
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To execute a search warrant a peace officer may break open the door the or window of any house if, after giving notice of his authority and purpose, he is refused admittance. NOTE: Section 35.30 is substantively the same as former § 1531. See also Cal. Pen. Code § 1531. See gener…
8 GCA § 35.35 Warrant and Receipt Required to be Given
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The officer taking property under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return…
8 GCA § 35.40 Custody of Seized Property
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All property seized pursuant to a search warrant shall be retained by the officer in his custody, subject to the order of the court to which he is required to make his return or of any other court in which the offense in respect to which the property taken is triable. NOTE: Secti…
8 GCA § 35.45 Return of Seized Property; How Sought
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(a) A person aggrieved by an unlawful search and seizure may move the court for the return of the property on the ground that he is entitled to lawful possession of the property which was illegally seized. The judge shall receive evidence on any issue of fact necessary to the dec…
8 GCA § 35.50 Documents to be Filed by Judge
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The judge who has issued a search warrant shall attach to the warrant a copy of the return, inventory and all other papers in connection therewith and shall file them with the clerk of the court. NOTE: Section 35.50 is identical to former Rule 41(g). See also Fed. R. Crim. P. 41(…