Q: Who are people required to testify at preliminary hearing In a criminal/felony case in California . If a search warrant
The search warrant was served with a whole team of officers. Do they all need to present evidence/testimony?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In a preliminary hearing for a criminal or felony case in California, not all officers involved in executing a search warrant are required to testify. Typically, the primary officer who led the search or the officer who authored the search warrant affidavit would be the one to provide testimony.
This officer's testimony will usually cover the basis for the search warrant, the execution of the search, and the evidence found. The purpose of this testimony is to establish probable cause that a crime was committed and that the defendant is likely the one who committed it.
Other officers involved in the search may not need to testify unless their specific actions are directly relevant to the case. The defense can, however, request additional witnesses if they believe their testimony is necessary for a fair hearing. The goal of the preliminary hearing is to determine if there is enough evidence to proceed to trial, not to present the entire case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
