What is probable cause in California

I will show and explain probable cause in warrant for arrest and search warrant in the state of California pursuant Cal. Pen. Code § 872 and how the court must show a finding of fact for there probable cause

A judge issues a search warrant on behalf of “the people,” represented by the District Attorney’s office, and executed by peace officers, pursuant to PC 1523 this were you start learning about issuing for search warrants

According to PC 1523 search warrant is an order in writing, in the name of the people, signed by a magistrate, directed to a peace officer, commanding him or her to search for a person or persons, a thing or things, or personal property, and, in the case of a thing or things or personal property, bring the same before the magistrate.

The California search warrant requirements or grounds for issuing a search warrant are as follows:

When the property was stolen or embezzled

When the property to be seized is evidence of the fact that a felony has occurred or that a particular person has committed a felony;

When the property to be seized reveals child pornography;

When there is a warrant to arrest a person

When the property to be seized is in possession of someone who intends to use it to commit a crime or in the possession of another to whom he/she may have delivered it for the purpose of concealing it or keeping it from being discovered;

When a firearm or any other deadly weapon was used at the scene of a crime;

When a mentally disturbed person is detained in possession of a firearm;

When a person subject to a protective order (“restraining order”) is in possession of a firearm and fails to relinquish it; or

During the investigation of certain misdemeanor crimes where a felony is also suspected.

Bench warrants

a bench warrant allows a police officer to take someone into custody to answer criminal charges. However, in the case of the bench warrant, the criminal charges are for violation of the rules of the court.

The most common violations that lead to bench warrants include:

Failure to show up for a court date. Failure to show up for any scheduled court appearance can lead to a bench warrant. A judge can issue one for failing to appear for a traffic ticket or for any court hearing, including an arraignment, pretrial conference, trial, or sentencing.

Failure to obey a court order. Court orders come in all shapes and sizes, from neglecting to pay a fine in traffic court to ignoring a restraining order to failing to pay court-ordered child support.

A judge may issue a warrant for arrest under Cal 978.5. (a) A bench warrant of arrest may be issued whenever a defendant fails to appear in court as required by law including, but not limited to, the following situations:

(1) If the defendant is ordered by a judge or magistrate to personally appear in court at a specific time and place.

(2) If the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to personally appear in court at a specific time and place.

(3) If the defendant is released from custody on their own recognizance and promises to personally appear in court at a specific time and place.

(4) If the defendant is released from custody or arrest upon citation by a peace officer or other person authorized to issue citations and the defendant has signed a promise to personally appear in court at a specific time and place.

(5) If a defendant is authorized to appear by counsel and the court or magistrate orders that the defendant personally appear in court at a specific time and place.

(6) If an information or indictment has been filed in the superior court and the court has fixed the date and place for the defendant personally to appear for arraignment.

(b) The bench warrant may be served in any county in the same manner as a warrant of arrest.

Now that you understand how probable cause can rendered and how a bench warrants for arrest is issued

You must understand the elements that the officer servicing a bench warrants and the standards the officers must meet in order to properly and adequately service the bench warrants

When a warrant is issued for arrest in order for the warrant to be valid there must A warrant MUST HAVE an affidavit of probable cause attached to it which tells the person issuing the warrant that there is probable cause for the search and seizure of the item in question. Probable cause is the reasonable expectation that a crime was or is being committed and it’s the same standard that law enforcement must satisfy to arrest a person for a crime.

2. A warrant MUST HAVE been based on reliable information by some witness or an informant;

3. A warrant MUST be signed and sealed by the issuing judge

4. A warrant MUST be signed and sealed by the issuing judge,

A warrant MUST have a specific date and time of issuance

A warrant MUST identify specifically the property to be seized

A warrant MUST name and describe with

particularity the person or place to be searched,

A warrant MUST be executed within a specified period of time not to exceed two days from the date of issuance

A warrant MUST be served in the day time unless otherwise authorized on the warrant,

A warrant MUST contain state title of the judicial officer who issued the warrant. This person MUST also certify that he/she has found probable cause exists based upon the facts sworn to or affirmed by police based on the witness or the informant.

Warrant for arrest is

An arrest warrant is an order signed by a judge that permits a law enforcement officer to take a suspect into custody — usually to initiate a criminal case by filing criminal charges. To obtain one, a police officer must show there’s “probable cause” to believe a crime was committed and the suspect could have done it. Not all arrests require a warrant. For example, if a law enforcement officer witnesses an assault, it may not be necessary (or even a good idea) to take the time to get a warrant — especially if the suspect is trying to make a run for it. the Supreme Court has made it clear that the Fourth Amendment of the Constitution requires law enforcement to be able to show probable cause in order to make an arrest.

This why it so important to understand the difference between them and how they are used so interchangeable

What is probable cause in California

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