§ 1526. — 1526. (Amended by Stats. 2018, Ch. 176, Sec. 2.)

California § 1526.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 12.
• Part 2.: TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE
• Ch. 3.: CHAPTER 3. Of Search Warrants

Text

(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 shall take his or her affidavit or their affidavits in writing, and cause the affidavit or affidavits to be subscribed by the party or parties making them. If the affiant transmits the proposed search warrant and all affidavits and supporting documents to the magistrate using facsimile transmission equipment, email, or computer server, the conditions in subdivision (c) apply.
(b)
In lieu of the written affidavit required in subdivision (a), the magistrate may take an oral statement under oath if the oath is made under penalty of
perjury and recorded and transcribed. The transcribed statement shall be deemed to be an affidavit for the purposes of this chapter. The recording of the sworn oral statement and the transcribed statement shall be certified by the magistrate receiving it and shall be filed with the clerk of the court. In the alternative, the sworn oral statement shall be recorded by a certified court reporter and the transcript of the statement shall be certified by the reporter, after which the magistrate receiving it shall certify the transcript which shall be filed with the clerk of the court.
(c)
(1)
The affiant shall sign under penalty of perjury his or her affidavit in support of probable cause for issuance of a search warrant. The affiant’s signature may be in the form of a digital signature or electronic signature if email or computer
server is used for transmission to the magistrate.
(2)
The magistrate shall verify that all the pages sent have been received, that all the pages are legible, and that the declarant’s signature, digital signature, or electronic signature is genuine.
(3)
If the magistrate decides to issue the search warrant, he or she shall do both of the following:
(A)
Sign the warrant. The magistrate’s signature may
be in the form of a digital signature or electronic signature if email or computer server is used for transmission by the magistrate.
(B)
Note on the warrant the date and time of the issuance of the warrant.
(4)
The magistrate shall transmit via facsimile transmission equipment, email, or computer server the signed search warrant to the affiant. The search warrant signed by the magistrate and received by the affiant shall be deemed to be the original warrant. The original warrant and any affidavits or attachments in support thereof
shall be returned as provided in Section 1534.

Legislative History

Amended by Stats. 2018, Ch. 176, Sec. 2. (AB 2710) Effective January 1, 2019.