Section 1534 Of Chapter 3. Of Search Warrants From California Penal Code >> Title 12. >> Part 2. >> Chapter 3.
1534
. (a) A search warrant shall be executed and returned within 10
days after date of issuance. A warrant executed within the 10-day
period shall be deemed to have been timely executed and no further
showing of timeliness need be made. After the expiration of 10 days,
the warrant, unless executed, is void. The documents and records of
the court relating to the warrant need not be open to the public
until the execution and return of the warrant or the expiration of
the 10-day period after issuance. Thereafter, if the warrant has been
executed, the documents and records shall be open to the public as a
judicial record.
(b) (1) A tracking device search warrant issued pursuant to
paragraph (12) of subdivision (a) of Section 1524 shall identify the
person or property to be tracked and shall specify a reasonable
length of time, not to exceed 30 days from the date the warrant is
issued, that the device may be used. The court may, for good cause,
grant one or more extensions for the time that the device may be
used, with each extension lasting for a reasonable length of time,
not to exceed 30 days. The search warrant shall command the officer
to execute the warrant by installing a tracking device or serving a
warrant on a third-party possessor of the tracking data. The officer
shall perform any installation authorized by the warrant during the
daytime unless the magistrate, for good cause, expressly authorizes
installation at another time. Execution of the warrant shall be
completed no later than 10 days immediately after the date of
issuance. A warrant executed within this 10-day period shall be
deemed to have been timely executed and no further showing of
timeliness need be made. After the expiration of 10 days, the warrant
shall be void, unless it has been executed.
(2) An officer executing a tracking device search warrant shall
not be required to knock and announce his or her presence before
executing the warrant.
(3) No later than 10 calendar days after the use of the tracking
device has ended, the officer executing the warrant shall file a
return to the warrant.
(4) No later than 10 calendar days after the use of the tracking
device has ended, the officer who executed the tracking device
warrant shall serve a copy of the warrant on the person who was
tracked or whose property was tracked. Upon the request of a
government agency, the magistrate may, for good cause, delay service
of a copy of the warrant.
(5) An officer installing a device authorized by a tracking device
search warrant may install and use the device only within
California.
(6) As used in this section, "tracking device" means any
electronic or mechanical device that permits the tracking of the
movement of a person or object.
(7) As used in this section, "daytime" means the hours between 6
a.m. and 10 p.m. according to local time.
(c) If a duplicate original search warrant has been executed, the
peace officer who executed the warrant shall enter the exact time of
its execution on its face.
(d) A search warrant may be made returnable before the issuing
magistrate or his or her court.