Does a search warrant need to be executed by telephone or radio?

After a thorough review of the authorities the court in Nunes v. Superior Court (1980) 100 Cal.App.3d 915, 935-937, 161 Cal.Rptr. 351 concluded that in California there is no statutory or constitutional requirement that a search warrant be exhibited as a prerequisite to execute it. Rather, the warrant is executed by making the search. ⁶

Rule 41 of the Federal Rules of Criminal Procedure requires service of a warrant on the person from whose premises the property was taken, but appellant cites no California statutory counterpart to this rule. Furthermore, the federal courts treat the federal rule as ministerial in nature. Its violation does not render a search unreasonable or unconstitutional, in the absence of a showing of prejudice. (United States v. McKenzie (6th Cir.1971) 446 F.2d 949, 954 [warrant not served until day after search].)

In United States v. Bonner (1st Cir.1986) 808 F.2d 864, as in this case, the agent who obtained a warrant telephoned other agents surveilling the [235 Cal.App.3d 554] premises, who immediately commenced the search. (Id. at pp. 865-866.) The appellate court approved the search stating, "Courts have repeatedly upheld searches conducted by law enforcement officials notified by telephone or radio once the search warrant issued." (Id. at p. 869.) The court said that the federal rule requiring service of the warrant does not invariably require service before the search takes place. The . court required the defendants to show prejudice, i.e., that defendants " 'were subjected to a search that might not have occurred or would not have been so abrasive had [Rule 41(d) ] been followed.' " (Id. at p. 869.)