Ridgecrest, CA asked in Criminal Law for California

Q: does suspect have to file a motion in ca to get a copyof sworn statement of probable cause for the felony warrant served

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James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, a suspect has the right to receive a copy of the probable cause statement that was used to obtain an arrest warrant. This is based on California Penal Code Section 1524.2, which states:

"(a) The documents and records of the court relating to the warrant need not be open to the public until 10 days after the execution of the warrant. Thereafter, if the warrant has been executed, the documents and records shall be open to the public as a judicial record.

(b) If a warrant is issued and the documents and records related to the warrant are sealed pursuant to this section, any person arrested pursuant to the warrant shall be given a copy of the warrant at the time of the arrest."

So, the suspect does not need to file a motion to obtain a copy of the probable cause statement. They should be provided with a copy of the warrant, which includes the probable cause statement, at the time of their arrest.

However, if for some reason the suspect was not provided with a copy of the warrant and probable cause statement, they can request it from the court. If the court does not provide it, the suspect's attorney can file a motion to obtain the documents.

It's important to note that the documents and records related to the warrant, including the probable cause statement, may be sealed by the court for up to 10 days after the execution of the warrant. After that period, they become public judicial records, unless the court orders them to remain sealed for a longer period.

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