Judges issue arrest warrants for crimes that law enforcement have reason to believe that you have committed, and for administrative penalties like missing your court-ordered appointment. These warrants can be issued without good cause and often as a result of misunderstanding. However, attorneys can act as an intermediary between yourself and law enforcement.

Warrant Defense Attorney in San Diego

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of criminal charges for decades and is ready to help you with your search warrant. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, and El Cajo, as well as San Diego proper.

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.

Overview of Warrants in California

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Search Warrants

A search warrant is a written court order signed by a judge or magistrate that allows law enforcement to search a specific location, person, or property for evidence connected to a crime. Under California Penal Code § 1523, a search warrant must clearly state what is being searched for and the place to be searched. This ensures that the scope of the search is limited and specific.

Search warrants are typically used to find items like stolen property, illegal drugs, weapons, or documents that prove a crime. They may also authorize the arrest of a person when necessary, as an arrest warrant. Law enforcement must present probable cause to a judge before the warrant is issued. Once approved, the warrant is executed by a peace officer, and any evidence obtained may later be introduced in court.

When do police need a search warrant in California?

Police need a search warrant when they seek to enter and search private property for evidence of a crime, unless in cases of immediate cause. The basis for obtaining a search warrant is probable cause, which means there must be a reasonable belief, based on facts, that evidence of a crime will be found.

Under California Penal Code § 1524(a), a judge may issue a search warrant for specific reasons, such as:

  1. Finding stolen or embezzled property.
  2. Recovering items used in committing a felony.
  3. Securing evidence that proves a felony has occurred or is occurring.
  4. Searching for illegal firearms, drugs, or other contraband.
  5. Investigating electronic data for crimes like fraud or online offenses.

The police must submit a sworn statement detailing the reasons for the search and the evidence justifying probable cause.

Can police search without a warrant?

In certain situations, police can conduct a lawful search without obtaining a warrant. Exceptions to the warrant requirement exist to address specific circumstances while still protecting constitutional rights.

For example, if someone consents to a search, a warrant is not required. Similarly, if evidence is in plain view, such as an open beer bottle in a car, officers may seize it without a warrant. This “exigent circumstances” exception allows police to search without a warrant if there is an immediate threat to public safety or if evidence may be destroyed.

However, these exceptions are not unlimited.

What makes a search warrant invalid?

A search warrant is invalid if it fails to meet legal requirements or if it is improperly executed. Under California Penal Code § 1525, a valid warrant must:

  • Be supported by probable cause.
  • Clearly describe the place to be searched and the items to be seized.
  • Be issued based on sufficient evidence presented to the judge.

Common reasons for an invalid warrant include:

  • Lack of probable cause in the supporting affidavit.
  • Overly broad descriptions of the location or items.
  • A judge issuing the warrant without proper review.
  • Failure to follow proper procedures during the warrant’s execution.

What Happens if Police Search Without a Valid Warrant?

If police conduct a search without a valid warrant and no legal exception applies, the evidence they obtain may be inadmissible in court. This principle is known as the “fruit of the poisonous tree” doctrine.

Under California Penal Code § 1538.5, a defendant can file a motion to suppress evidence obtained through an unlawful search. The court will determine whether the search violated constitutional protections or state law.

If the motion is successful, the evidence cannot be used at trial, which can significantly weaken the prosecution’s case. In some instances, suppression of key evidence can result in charges being dismissed.

What rights do you have during a police search?

Individuals have important rights during a police search, whether it is conducted with or without a warrant. These rights are protected by the Fourth Amendment to the U.S. Constitution and California law.

Under California Penal Code § 1531, law enforcement officers must typically announce their presence and purpose before entering a property. Exceptions to this are referred to as “no-knock warrants.” Individuals have the right to remain silent and are not required to answer questions or consent to additional searches beyond the scope of the warrant.

If police do not have a warrant, you can (and should) ask whether the officers have legal authority to conduct the search. If police lie to you, any evidence they find in the house (with certain exceptions) can be rendered null in a court of law. While resisting physically is not recommended, individuals can verbally assert their rights, such as refusing consent to a warrantless search.

Can police take your property during a search?

Police can seize property during a search if it is listed in the warrant or falls under certain legal exceptions. According to California Penal Code § 1535, officers must provide a detailed receipt for any property they take. If no one is present at the time of the search, the receipt must be left in a visible location.

Items commonly seized include evidence of a crime, contraband, or illegal items. Additionally, if officers encounter unrelated items that are illegal or clearly linked to criminal activity in plain view, they may also seize those items.

Under California Penal Code § 1536, seized property remains in police custody until it is ordered to be returned or retained as evidence by the court. If the property is no longer needed for the investigation or trial, individuals can request its return through legal procedures. However, property deemed contraband or illegal to possess will not be returned. In the case of legal content being seized, you must file against the seizing organization to have your assets returned.

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Arrest Warrants

An arrest warrant is a legal document issued by a judge or magistrate that authorizes law enforcement to arrest a specific person. Arrest warrants are governed by California Penal Code §§ 813–829. A judge may issue an arrest warrant if there is probable cause to believe the person committed a crime, as outlined in Penal Code § 813(a).

An arrest warrant must include details about the individual, the alleged offense, the date and location of issuance, and the judge’s signature. Additionally, the warrant must specify the bail amount, if applicable, under Penal Code § 815. Law enforcement can execute the warrant at any time and are authorized to make an arrest even if the person is in a different county.

Police cannot arrest you without telling you the reason why.

What happens if there’s an arrest warrant against you?

When an arrest warrant is issued, law enforcement has the authority to arrest the named person. This can happen at home, work, or in public. Arrest warrants are enforceable throughout California, meaning an individual can be arrested anywhere in the state, as outlined in Penal Code § 828.

Once arrested, the person must be brought before a magistrate in the issuing county or, if the arrest occurs elsewhere, before a magistrate in the arresting county under Penal Code §§ 821–822. The magistrate will determine bail or order custody transfer to the issuing county.

If the warrant is for a minor offense, the individual may receive a citation to appear in court rather than being physically taken into custody, per Penal Code § 827.1. Ignoring a warrant can result in additional charges, such as failure to appear, and more severe legal consequences.

How does a judge decide whether to issue an arrest warrant?

A judge or magistrate decides to issue an arrest warrant based on probable cause that the individual has committed a crime. Probable cause must be supported by a sworn statement, either in writing or orally, submitted by law enforcement under Penal Code § 817.

The judge reviews the evidence presented in the declaration of probable cause and determines whether it is sufficient. The warrant must specify the offense, the defendant’s identifying details, and the bail amount, as required by Penal Code § 815.

In some cases, the judge may choose to issue a summons instead of a warrant, particularly for non-violent offenses. A summons compels the individual to appear in court without requiring an arrest, as outlined in Penal Code § 813(b). The judge’s decision depends on factors such as the nature of the offense, the risk to public safety, and the likelihood of the defendant appearing in court.

Can you be arrested in a different county than San Diego for a warrant?

Yes, you can be arrested in a different county from where the warrant was issued. Penal Code §§ 821–822 governs the procedures for handling such cases. If the arrest occurs in the same county as the warrant, the defendant must be brought before a magistrate in that county.

If the arrest occurs in another county, the defendant has the right to be brought before a magistrate in the arresting county. The magistrate can either admit the defendant to bail or direct them to appear before the court that issued the warrant within a specified timeframe.

For felony charges, the arresting agency must notify the issuing county’s law enforcement to take custody of the defendant. This transfer must occur within five days unless the counties are more than 400 miles apart, in which case the timeframe is extended to five court days.

What rights do you have if you’re arrested on a warrant?

Individuals arrested on a warrant in California have several rights that ensure fair treatment. One key right is to be brought before a magistrate without unnecessary delay, as required by Penal Code § 825(a)(1). The law mandates that this must occur within 48 hours of the arrest, excluding weekends and holidays.

Arrestees also have the right to legal representation. Any licensed attorney in California must be allowed to visit the defendant in custody upon request, as specified in Penal Code § 825(b). Denying access to an attorney may result in penalties against law enforcement.

If bail is set, the defendant has the right to post bail or request a bail hearing. The bail amount is typically specified on the warrant under Penal Code § 815a. For non-bailable offenses, the defendant still has the right to challenge the legality of the detention.

Can you resolve an arrest warrant without going to jail?

In many cases, yes. For non-violent offenses, California Penal Code § 827.1 allows law enforcement to issue a citation rather than physically arresting the person, provided the individual meets certain conditions.

Voluntarily addressing the warrant can also prevent jail time. If you have been informed that you have an outstanding warrant, you should contact an attorney, who can then contact law enforcement. A criminal defense lawyer can negotiate with the court to arrange for a voluntary court appearance. Additionally, for misdemeanor charges, courts may accept a lawyer’s appearance on the defendant’s behalf to resolve the matter without an arrest.

However, for more serious offenses, such as those involving violence or firearms, resolving a warrant may require the person to surrender. Even in these cases, it is better to contact an attorney and receive advice.

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Penalties for Failing to Appear in Court

Failing to appear in court after being released on bail or one’s own recognizance can result in significant penalties under California Penal Code §§ 1320–1320.5.

For misdemeanor charges, failing to appear is itself a misdemeanor. Penal Code § 1320(a) states that if a person willfully fails to appear within 14 days of the assigned court date, they may face additional charges.

For felony cases, the consequences are more severe. Penal Code § 1320.5 specifies that failure to appear on a felony charge is a felony offense, punishable by up to one year in county jail or a longer term in state prison under Penal Code § 1170(h). Fines for failing to appear can reach $10,000.

These penalties are separate from the original charges and can complicate the legal process. Taking prompt action to resolve a missed court date with the help of a lawyer is essential to mitigating these consequences.

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Tracking Device Warrants

Tracking device warrants are used by law enforcement to monitor the movements of a person or object when the information may serve as evidence in a criminal case. These warrants are governed by California Penal Code § 1534(b).

To obtain a tracking device warrant, officers must demonstrate probable cause and specify the person or item to be tracked, the duration of the tracking, and any conditions limiting its use. The warrant must be executed within 10 days of issuance, and the maximum duration for tracking is 30 days unless an extension is granted by the court.

Once tracking is complete, law enforcement must notify the individual or entity being tracked, unless the court approves a delay in notification to protect an ongoing investigation. This ensures that the use of tracking devices is carefully regulated to balance investigative needs with privacy rights.

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Warrants for Electronic Records

Warrants for electronic records allow law enforcement to access digital data such as emails, text messages, and cloud storage. These searches are governed by the California Electronic Communications Privacy Act (CalECPA) and related provisions under Penal Code §§ 1524.3 and 1524.2.

The warrant must describe the specific accounts, devices, or types of information being sought, as well as the time period covered. The request must not be overly broad or unrelated to the investigation. CalECPA also requires that any data obtained but unrelated to the case be sealed and not reviewed without a court order.

Service providers, such as email platforms or cloud storage companies, have to comply with these warrants, but they may challenge requests they think are overly burdensome. You must receive notification that your records have been seized, unless the court allows a delay due to ongoing investigations.

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Bench Warrants in San Diego

A bench warrant is issued by a judge when someone fails to comply with a court order, such as missing a court appearance or failing to pay a fine. Bench warrants are not limited to criminal cases and can also arise from civil matters, such as noncompliance in family court or failure to pay child support.

Under a bench warrant, law enforcement can arrest the individual at any time and place. Unlike arrest warrants, bench warrants do not require probable cause of a new offense—they are based on the violation of a court order.

To resolve a bench warrant, the individual should contact a criminal defense lawyer immediately. The lawyer can arrange a court appearance and advocate for the warrant to be recalled. Voluntarily addressing the warrant can demonstrate responsibility and may prevent additional penalties, such as jail time or fines.

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No-Bail Warrants

No-bail warrants are issued for serious offenses where the court determines that releasing the defendant poses a significant risk to public safety or the legal process. Under California Penal Code § 1275(a), these warrants may be issued for crimes like murder, violent felonies, or cases where the defendant is a flight risk.

With a no-bail warrant, the defendant must remain in custody until they appear before a judge. The judge will then decide whether to deny bail entirely or set conditions for release. In some cases, no-bail warrants are also used when someone repeatedly fails to appear in court or violates pretrial release terms.

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How Attorneys Can Help with Warrants

Attorneys can review the details of a warrant to determine whether it was issued properly under California Penal Code §§ 813–829 for arrest warrants or Penal Code § 1523 for search warrants.

If a warrant lacks probable cause or was improperly executed, the lawyer can challenge its validity in court. This may involve filing a motion to suppress evidence obtained through an invalid search or negotiating the terms of surrender for an arrest warrant.

For bench warrants or no-bail warrants, a lawyer can petition the court to recall or modify the warrant, minimizing the defendant’s time in custody. In cases involving complex issues like tracking devices or electronic records, lawyers can ensure that law enforcement complies with statutory limits and constitutional protections.

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Additional Resources

Chapter 4. The Warrant of Arrest [813 – 829] – California State Legislature provides detailed legal information about arrest warrants in California under Penal Code Sections 813–829. It explains the procedures for issuing warrants, their legal requirements, and how they are executed. The source also includes information on bail, bench warrants, and related procedures.

California Warrant Search – This source, hosted by California Court Records, provides an overview of how warrant searches are conducted in California. It discusses the public’s access to warrant information under the California Public Records Act.

San Diego County Outstanding Warrant Information – This source from the San Diego County Sheriff’s Office outlines how to check for outstanding warrants in the county. It provides steps for warrant inquiries, including contacting the Warrant Office, submitting service request forms, and paying related fees.

Overview of Warrants – This source from the Superior Court of California, County of San Diego, explains the reasons warrants may be issued, such as failing to appear in court or violating court orders. It describes the consequences of outstanding warrants, including mandatory appearances, additional charges, and DMV holds. The site provides resources for resolving warrants and links to the Sheriff’s Court Services Bureau.

What Does the Fourth Amendment Mean? – This educational resource from the United States Courts explains the Fourth Amendment’s protection against unreasonable searches and seizures. It covers warrant requirements, exceptions to warrantless searches, and relevant case law. The source provides insights into how courts balance individual rights and public safety.

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Hire an Attorney for Warrants in San Diego County, CA

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of criminal charges for decades and is ready to help you with your outstanding warrant. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, and El Cajo, and San Diego proper.

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.