California Law on Warrants
- A judge must sign an arrest warrant for it to be valid.judge 5 image by Mykola Velychko from Fotolia.com
Under California Penal Code 815, an arrest warrant must contain certain information, including the name of the defendant, if known, and the city or county in which the warrant was issued as well as the time it was issued. The arrest warrant must also be signed by the judge that is issuing it, or the authority agency that is issuing it. - Police in California may arrest you on the spot for having a bench warrant.Police image by Zeno from Fotolia.com
Under the California Code of Civil Procedure, bench warrants may be issued by a judge when a defendant fails to appear in court on a scheduled date and time. Law enforcement officers have the right to arrest you on the spot for having a bench warrant and bring you in front of the judge. - Search warrants allow California officers to search your home and seize evidence.search 3d sign image by onlinebewerbung.de from Fotolia.com
For a search warrant to be legal in the state of California, a judge must sign it and have probable cause that a crime has been committed. The judge must also believe that evidence can be found in the location specified by the search warrant. - Officers must knock on a suspects door and announce themselves when acting on a search warrant.Door image by Mimis nena from Fotolia.com
Under California law, arresting officers with a search warrant must follow proper procedure when approaching a suspects home. The officer must first knock on the suspects door and identify themselves as a member of law enforcement. They must also state that they have a search warrant and allow the suspect a reasonable amount of time to open the door. This is known as the "knock-notice" or "knock and announce" requirement. - Failure to appear in court could lead to steep fines and prison time.cash image by Mat Hayward from Fotolia.com
California does not have a statute of limitations on either bench warrants or arrest warrants, and suspects who fail to appear in court or evade the law may face serious consequences. While failing to appear in court for a misdemeanor charge may land you in jail for a year, failure to appear for a felony charge may result in a $5,000 fine and up to a year in prison, on top of whatever penalties the actual felony may subject you to.
Arrest Warrant
Bench Warrants
Search Warrants
Knock-Notice
Penalities
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