Ridgecrest, CA asked in Criminal Law for California

Q: Is weapons/firearms, ammunition being included in every drug sales warrant in California a mandate requirement even if

there is no evidence of firearms in the probable cause or defendants record?

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

A: To answer this question accurately, it's important to understand how search warrants work in California, particularly in relation to drug cases. Here are the key points:

1. Probable Cause: For a search warrant to be issued in California, there must be probable cause. This means there must be a reasonable belief, based on facts, that evidence of a crime will be found in the specific place to be searched.

2. Specificity: The Fourth Amendment to the U.S. Constitution and the California Constitution require that a search warrant particularly describe the place to be searched and the things to be seized. This is to prevent general, exploratory searches.

3. Relevant Evidence: The items listed in a search warrant must be relevant to the crime under investigation. In a drug sales case, this would typically include drugs, paraphernalia, cash, records of transactions, and other evidence of drug dealing.

4. Firearms and Ammunition: Weapons and ammunition are not automatically included in every drug sales warrant in California. Their inclusion would depend on whether there is probable cause to believe that weapons will be found and that they are relevant to the crime under investigation.

5. Boilerplate Language: Some warrants may include broad, "boilerplate" language about weapons, but courts have held that such language does not automatically authorize a search for weapons without probable cause.

In summary, under California law, weapons and ammunition are not mandated to be included in every drug sales warrant. Their inclusion depends on the specific facts of the case and whether there is probable cause to believe they will be found and are relevant to the crime under investigation. If there is no evidence of firearms in the probable cause or the defendant's record, their inclusion in the warrant could be challenged.

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