Does a warrant need to be signed by a magistrate?

Although the Fourth Amendment does not specifically require that a warrant be signed by a magistrate (People v. Superior Court (Robinson) (1977) 75 Cal.App.3d 76, 80), defendant points out that a number of California statutes do set forth such a requirement. Section 1523 defines a search warrant as "an order in writing, in the name of the people, signed by a magistrate . . . ." Section 1528, subdivision (a) provides that a magistrate must issue a warrant "signed by him or her with his or her name of office," upon finding probable cause to issue the warrant. Under section 1526, subdivision (b)(2)(C)(i), when an officer presents a search warrant affidavit by electronic method, the magistrate is required to "[s]ign the warrant." These same statutes, however, provide that a magistrate's personally written signature is not required in every case. Under section 1528, subdivision (b), the magistrate may "orally authorize a peace officer to sign the magistrate's name on a duplicate original warrant." Section 1526,

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subdivision (b)(2)(C)(i) permits the magistrate's signature to "be in the form of a digital signature or electronic signature."