CRIMINAL CODE | SECT. XII - WARRANTS

[SASA]

SAN ANDREAS CRIMINAL CODE

ARREST & SEARCH WARRANT

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TITLE XII - ARRESTS & SEARCH WARRANT JUDICIAL PROCEDURE

1201. Issuance of Arrest Warrants
An arrest warrant must be issued by a judge or magistrate upon a showing of probable cause that a crime has been committed and that the person named in the warrant committed the crime.

• Procedure:
  1. Law enforcement must present evidence establishing probable cause to a judge or magistrate.
  2. The arrest warrant must specify the name of the person to be arrested, the crime they are accused of, and any other relevant details.
  3. The warrant must be signed by the judge or magistrate and executed by law enforcement.

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1202. Execution of Arrest Warrants
An arrest warrant must be executed by a law enforcement officer, who must inform the person being arrested of the warrant and the charges against them.

• Procedure:
  1. The officer executing the warrant must identify themselves as law enforcement.
  2. The officer must inform the person of the existence of the warrant and the charges.
  3. The officer must provide a copy of the warrant if requested.

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1203. Issuance of Search Warrants
A search warrant must be issued by a judge or magistrate upon a showing of probable cause that evidence of a crime is likely to be found in the place to be searched.

• Procedure:
  1. Law enforcement must present evidence establishing probable cause to a judge or magistrate.
  2. The search warrant must specify the location to be searched, the items to be seized, and the crime under investigation.
  3. The warrant must be signed by the judge or magistrate and executed by law enforcement.

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1204. Execution of Search Warrants
A search warrant must be executed by law enforcement within the timeframe specified in the warrant, and officers must provide a copy of the warrant to the person in control of the premises, if present.

• Procedure:
  1. The search warrant must be executed within the timeframe specified by the judge or magistrate.
  2. Officers executing the warrant must identify themselves and provide a copy of the warrant to the person in control of the premises, if present.
  3. Officers must document and inventory all items seized during the search.

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1205. No-Knock Warrants
A no-knock warrant allows law enforcement officers to enter certain premises without first knocking and announcing their presence if there is reasonable suspicion that announcing would be dangerous, futile, or inhibit the effective investigation.

• Procedure:
  1. Law enforcement must demonstrate to a judge or magistrate that knocking and announcing would be dangerous, futile, or inhibit the investigation.
  2. The no-knock warrant must be clearly indicated in the warrant document.
  3. Officers executing the no-knock warrant must do so in a manner that minimizes the risk to all parties involved.

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1206. Challenging the Validity of Warrants
An individual may challenge the validity of an arrest or search warrant if they believe it was issued without probable cause or executed improperly.

• Procedure:
  1. The challenge must be filed in court, typically through a motion to suppress evidence or quash the warrant.
  2. The court will review the evidence and the circumstances under which the warrant was issued and executed.
  3. If the court finds the warrant was invalid, any evidence obtained as a result of the warrant may be excluded from the trial.

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1207. Detention and Search Without a Warrant
Law enforcement officers may detain and search individuals without a warrant if they have reasonable suspicion that the individual is involved in criminal activity or poses a threat to public safety.

• Procedure:
  1. Officers must have reasonable suspicion based on specific and articulable facts.
  2. The search must be limited to what is necessary to ensure officer safety and prevent the destruction of evidence.
  3. Any evidence obtained during the search may be admissible in court, provided the search was lawful.

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1208. Emergency Searches
Law enforcement officers may conduct a search without a warrant if there are exigent circumstances, such as the imminent destruction of evidence, a threat to public safety, or the need to prevent escape.

• Procedure:
  1. Officers must reasonably believe that immediate action is necessary to prevent harm, destruction of evidence, or escape.
  2. The scope of the search must be limited to addressing the emergency.
  3. Officers must document the circumstances that justified the emergency search.

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1209. Seizure of Property Without a Warrant
Law enforcement officers may seize property without a warrant if it is in plain view during a lawful observation, or if the property is evidence of a crime and there are exigent circumstances.

• Procedure:
  1. The property must be in plain view during a lawful observation.
  2. There must be probable cause to believe that the property is connected to a crime.
  3. Officers must document the seizure and provide a receipt to the property owner.

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1210. Return of Seized Property
Property seized by law enforcement during the execution of a warrant or under exigent circumstances must be returned to the rightful owner if it is not needed as evidence or if the owner is not convicted of a crime.

• Procedure:
  1. A request for the return of property must be filed with the court or law enforcement agency.
  2. The court or agency will review the request and determine if the property can be returned.
  3. If the property is not needed as evidence or the owner is not convicted, the property must be returned promptly.