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AS indicates that an officer may issue a warrant upon a person’s sworn oral testimony or sworn affidavit, so long as the judge determines probable cause.Conditions of Probable Cause: Though Alaska has repealed AS, which defined probable cause, the Alaska Bar Association defines it as “a reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime.” Unique State Laws/Rights/Restrictions: Anyone who executes a search warrant without probable cause is guilty of a misdemeanor under AS .Unique State Laws/Rights/Restrictions: Anyone arrested without a warrant must be taken to a local magistrate “without unnecessary delay” so that a formal complaint may be filed.The officer may release the suspect if they determine that there were insufficient grounds for a criminal complaint or if the only crime was intoxication.An officer must execute a warrant within a reasonable time frame no more than 60 days after the warrant is issued.California General Overview: The Fourth Amendment is reaffirmed under Article I, Section 13 of the California Constitution.Only with your express consent can an officer proceed until a warrant is issued.

In order to conduct one of these stops, an officer must have reasonable suspicion but not probable cause.

Penal Code Section 1523-1542.5 outlines the various reasons for which a search warrant may be issued, including for the investigation of stolen property or property used to commit a crime.

California law also includes numerous search warrant allowances that are directly related to firearms.

In other words, police searching you or your property without a warrant is not permitted, and a warrant can be issued if there is probable cause.

Constitution ensures the right of every American “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” with the added assurance that “no Warrants shall issue” without probable cause.

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