BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   THIRD READING 


          Bill No:  AB 1104
          Author:   Rodriguez (D), et al.
          Amended:  6/23/15 in Senate
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 6/16/15
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           ASSEMBLY FLOOR:  76-0, 4/30/15 - See last page for vote

           SUBJECT:   Search warrants


          SOURCE:    Author


          DIGEST:  This bill clarifies in the Penal Code that a search  
          warrant may be issued when the property or things to be seized  
          are controlled substances or any device, contrivance,  
          instrument, or paraphernalia used for unlawfully using or  
          administering a controlled substance, as provided in existing  
          provisions of law in the Health and Safety Code.  


          Senate Floor Amendments of 6/23/15 add double-jointing language  
          to prevent chaptering problems between this bill and AB 539  
          (Levine).


          ANALYSIS:   Existing federal law provides in the U.S.  
          Constitution that "the right of the people to be secure in their  
          persons, houses, papers, and effects, against unreasonable  
          searches and seizures, shall not be violated, and no Warrants  








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          shall issue, but upon probable cause, supported by Oath or  
          affirmation, and particularly describing the place to be  
          searched an the persons or things to be seized." (4th Amendment  
          of the U.S. Constitution.) 


          Existing state law:

          1)Provides in the California Constitution that "the right of the  
            people to be secure in their persons, houses, papers and  
            effects against unreasonable seizures and searches may not be  
            violated; and a warrant may not issue except on probable  
            cause, supported by oath or affirmation, particularly  
            describing the place to be searched and the persons and things  
            to be seized." (Article I, Section 13 of the California  
            Constitution.) 

          2)Defines a "search warrant" as an order in writing in the name  
            of the People, signed by a magistrate, directed to a peace  
            officer, commanding him or her to search for a person or  
            persons, a thing or things, or personal property, and in the  
            case of a thing or things or personal property, bring the same  
            before the magistrate. (Penal Code § 1523.) 

          3)Provides that a search warrant may be issued upon specified  
            grounds. (Penal Code § 1524(a).)

          4)Provides that controlled substances and any device,  
            contrivance, instrument, or paraphernalia used for unlawfully  
            using or administering a controlled substance, which are  
            possessed in violation of this division, may be seized by any  
            peace officer and in the aid of such seizure a search warrant  
            may be issued as prescribed by law.  (Health and Safety Code §  
            11472)

          This bill:

          1)Clarifies in the Penal Code that a search warrant may be  
            issued when the property or things to be seized are controlled  
            substances or any device, contrivance, instrument, or  
            paraphernalia used for unlawfully using or administering a  
            controlled substance, as provided in existing provisions of  
            law in the Health and Safety Code. 








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          2)Contains double-jointing language to prevent chaptering  
            problems between this bill and AB 539 (Levine).

          Background
          
          In California, Penal Code Section 1524 provides the statutory  
          grounds for the issuance of warrants. Under these provisions, a  
          search warrant may be issued "[w]hen property or things were  
          used as the means to commit a felony." (Pen. Code, § 1524, subd.  
          (a)(2).)  There are other enumerated circumstances that  
          authorize a search warrant regardless of whether the crime was a  
          felony or misdemeanor, such as "[w]hen the property subject to  
          search was stolen or embezzled." (Pen. Code, § 1524, subd.  
          (a)(1).) Additionally, Penal Code Section 1524 provides that a  
          search warrant may be issued "[w]hen the property or things are  
          in the possession of any person with the intent to use them as a  
          means of committing a public offense. ?" (Pen. Code, § 1524,  
          subd. (a)(3).) A "public offense" is defined as crimes which  
          include felonies, misdemeanors, and infractions. (Pen. Code, §  
          16.) When the mere possession of such property is not violation  
          of law, this provision requires a showing of specific intent to  
          use such property to commit public offense before a warrant may  
          be issued.  However, when possession itself is declared unlawful  
          by statute, such is the case for controlled substances, it is  
          not necessary to show specific intent, possession itself being  
          public offense. (Dunn v. Municipal Court for Eureka Judicial  
          Dist. (1963) 220 Cal App 2d 858.) 

          The Health and Safety Code also states that controlled  
          substances or paraphernalia "may be seized by any peace officer  
          and in the aid of such seizure a search warrant may be issued as  
          prescribed by law." (Health & Saf. Code, § 11472.)  However,  
          because Penal Code Section 1524 is relied upon as the statute  
          that provides direction on when warrants may be issued, this  
          bill adds a cross- reference to Health and Safety Code Section  
          11472 to provide clarity to agencies on when they may seek a  
          warrant. 

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified  6/23/15)








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          Association for Los Angeles Deputy Sheriffs
          Association of Deputy District Attorneys
          California Association of Code Enforcement Officers
          California College and University Police Chiefs Association
          California District Attorneys Association
          California Fraternal Order of Police
          California Narcotic Officers Association 
          California Peace Officers' Association
          California Police Chiefs Association
          California State Association of Counties
          Crime Victims United of California
          Long Beach Police Officers Association 
          Los Angeles County District Attorney's Office
          Los Angeles County Professional Peace Officers Association
          Los Angeles County Sheriff's Department
          Los Angeles Police Protective League 
          Peace Officers Research Association of California
          Riverside Sheriffs' Association
          Rural County Representatives of California
          Santa Ana Police Officers Association
          San Bernardino County Sheriff
          San Diego County Sheriff's Department
          Sacramento County Deputy Sheriffs' Association


          OPPOSITION:   (Verified  6/23/15)


          California Public Defenders Association
          Legal Services for Prisoners with Children

          ASSEMBLY FLOOR:  76-0, 4/30/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,  
            Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,  
            Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Wagner, Waldron, Weber, Wilk, Williams, Wood,  







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            Atkins
          NO VOTE RECORDED:  Campos, Chávez, Nazarian, Ting

          Prepared by:Mary Kennedy / PUB. S. / 
          6/24/15 17:21:01


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