Section 1526 Of Chapter 3. Of Search Warrants From California Penal Code >> Title 12. >> Part 2. >> Chapter 3.
1526
. (a) The magistrate, before issuing the warrant, 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.
(b) In lieu of the written affidavit required in subdivision (a),
the magistrate may take an oral statement under oath under one of the
following conditions:
(1) The oath shall be 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. In these cases, 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 in these cases, 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.
(2) The oath is made using telephone and facsimile transmission
equipment, telephone and electronic mail, or telephone and computer
server, as follows:
(A) The oath is made during a telephone conversation with the
magistrate, after the affiant has signed his or her affidavit in
support of the application for the search warrant and transmitted the
proposed search warrant and all supporting affidavits and documents
to the magistrate. The affiant's signature may be in the form of a
digital signature or electronic signature if electronic mail or
computer server is used for transmission to the magistrate.
(B) The magistrate shall confirm with the affiant the receipt of
the search warrant and the supporting affidavits and attachments. The
magistrate shall verify that all the pages sent have been received,
that all pages are legible, and that the affiant's signature, digital
signature, or electronic signature is acknowledged as genuine.
(C) If the magistrate decides to issue the search warrant, he or
she shall:
(i) Sign the warrant. The magistrate's signature may be in the
form of a digital signature or electronic signature if electronic
mail or computer server is used for transmission by the magistrate.
(ii) Note on the warrant the exact date and time of the issuance
of the warrant.
(iii) Indicate on the warrant that the oath of the affiant was
administered orally over the telephone.
(D) The magistrate shall transmit via facsimile transmission
equipment, electronic mail, or computer server, the signed search
warrant to the affiant. The completed search warrant, as 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.