Today's Law As Amended


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AB-388 Criminal procedure: search warrants: tracking devices.(2011-2012)



As Amends the Law Today


SECTION 1.

 Section 1534 of the Penal Code is amended to read:

1534.
 (a) A search warrant shall be executed and returned within 10 days after date of issuance. A warrant executed within the 10-day period shall be deemed to have been timely executed and no further showing of timeliness need be made. After the expiration of 10 days, the warrant, unless executed, is void. The documents and records of the court relating to the warrant need not be open to the public until the execution and return of the warrant or the expiration of the 10-day period after issuance. Thereafter, if the warrant has been executed, the documents and records shall be open to the public as a judicial record.
(b) (1) A tracking device search warrant issued pursuant to paragraph (12) of subdivision (a) of Section 1524  shall identify the person or property to be tracked and shall  specify a reasonable length of time, not to exceed 30 45  days from the date the warrant is issued, that the device may be used. The court may, for good cause, grant one or more extensions for the time that the device may be used, with each extension lasting for a reasonable length of time, time  not to exceed 30 45  days. The search warrant shall command the officer to execute the warrant by installing a tracking device or serving a the  warrant on a third-party possessor of the tracking data. The officer shall perform any installation authorized by the warrant during the daytime unless the magistrate, judge,  for good cause, expressly authorizes installation at another time. Execution of the warrant shall be completed no later than 10 days immediately after the date of issuance. A warrant executed within this 10-day period shall be deemed to have been timely executed and no further showing of timeliness need be made. After the expiration of 10 days, the warrant shall be void, unless it has been  executed.
(2) An officer executing a tracking device search warrant shall not be required to knock and announce his or her presence before executing the warrant.
(3) No later than 10 calendar days after the use of the tracking device has ended, the officer executing the warrant shall file a return to the warrant.
(4) (A)  No later than 10 calendar days after the use of the tracking device has ended, the officer who executed the tracking device warrant shall notify the  serve a copy of the warrant on the  person who was tracked or whose property was tracked pursuant to subdivision (a) of Section 1546.2. tracked. Upon the request of a government agency, the judge may, for good cause, delay service of a copy of the warrant. 
(B) Notice under this paragraph may be delayed pursuant to subdivision (b) of Section 1546.2.
(5)  An officer installing a device authorized by a tracking device search warrant may install and use the device only within California.
(6) (5)  As used in this section, “tracking device” means any electronic or mechanical device that permits the tracking of the movement of a person or object.
(7) As used in this section, “daytime” means the hours between 6 a.m. and 10 p.m. according to local time.
(c) If a duplicate original search warrant has been executed, the peace officer who executed the warrant shall enter the exact time of its execution on its face.
(d) A search warrant may be made returnable before the issuing magistrate or his or her  court.
SEC. 2.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.