AB 2505

Bill Subjects

Abstract

Existing law establishes various grounds for the issuance of a search warrant. Existing law requires a search warrant to be issued upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched. Under existing law, a magistrate may examine a person seeking a warrant under oath and is required to take a signed affidavit or affidavits. Under existing law, an oath may be made to a magistrate using a telephone and facsimile transmission equipment or by using a telephone and electronic mail and the affiant may sign the affidavit using a digital signature. Existing law requires the magistrate to cause the warrant, supporting affidavit, and attachments to be printed if received by electronic mail, and to return them to the court to be open to the public once the warrant is executed and returned. Existing law also provides that a magistrate may authorize a "duplicate original" for a remote affiant which, after its execution, is also required to be returned. This bill would allow an oath to be made using, in addition, a telephone and computer server, and would allow the affiant's signature to be in the form of an electronic signature. This bill would delete the requirement that the magistrate cause the warrant, supporting affidavit, and attachments to be printed if received by electronic mail or computer server, and would, in cases with fax, electronic mail, or server affidavits, delete the requirement that the magistrate return the printed documents to the court, leaving only the "duplicate original" to be returned by the remote affiant. This bill would allow the magistrate to sign the warrant using a digital signature or electronic signature if electronic mail or computer server is used.