Is a magistrate authorized to issue a warrant to a peace officer from a different county?

California, United States of America


The following excerpt is from People v. Moore, B284290, B287347 (Cal. App. 2018):

to any place in the state" if a "public offense has been committed" in the officer's jurisdiction].) But is a magistrate authorized to issue a warrant to peace officers from a different county for a crime that occurred in that different county? The answer is no because the magistrate is not issuing the warrant to a "peace officer in his or her county." ( 1528, subd. (a); accord, People v. Galvan (1992) 5 Cal.App.4th 866, 869-870 (Galvan) [a magistrate may not issue a search warrant to officers from a different county even if the location to be searched and the underlying crime occurred in the magistrate's county].)

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