Home/California/Statutes/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/§ 1540.
California Statutes

§ 1540. — 1540. (Enacted 1872.)

California § 1540.
JurisdictionCalifornia
Code PENPenal Code - PEN
Title12.
Part 2.TITLE 12. OF SPECIAL PROCEEDINGS OF A CRIMINAL NATURE
Ch. 3.CHAPTER 3. Of Search Warrants

This text of California § 1540. (1540. (Enacted 1872.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cal. Penal Code - PEN Code § 1540. (2026).

Text

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 of the grounds on which the warrant was issued, the magistrate must cause it to be restored to the person from whom it was taken.

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Related

Perkins v. City of West Covina
113 F.3d 1004 (Ninth Circuit, 1997)
14 case citations
97 Cal. Daily Op. Serv. 3460, 97 Daily Journal D.A.R. 5965 Lawrence Perkins Clara Perkins April Perkins, a Minor, by and Through Her Guardian Ad Litem, Lawrence Perkins v. City of West Covina Detective Ferrari Detective Melnyk
113 F.3d 1004 (Ninth Circuit, 1997)

Legislative History

Enacted 1872.
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California § 1540., Counsel Stack Legal Research, https://law.counselstack.com/statute/ca/PEN/1540..