What Is an E-Warrant in CA? | Attorney Explains

In the United States, including California, the legal landscape is constantly evolving, and one field that has recently experienced this change is the warrant system.

Previously, warrants took time and required a lot more effort on behalf of law enforcement agencies. Today, e-warrants have made it possible to submit applications from virtually anywhere, with the judge reviewing and approving warrants in just a few seconds.

While this technological revolution in the legal landscape aims to expedite justice, it has done nothing but the opposite. A county investigator acting in a hurry can adversely affect an investigation and the defendant’s rights.

The experienced criminal defense attorneys at Goss Law understand how the convenience and speed of e-warrants can have a devastating impact on a person’s life. They are ready to represent defendants in Sacramento, California, and fight the charges arising from improper legal procedures. They can answer questions like Can police search your phone in CA?

E-warrants can have a huge impact on a person’s life. This guide will go over what an electronic warrant is and how it can affect the defendant’s rights in California.

What Is an E-Warrant in CA, and How Does This System Work?

An ewarrant, also referred to as an electronic warrant, is a digital version of an arrest or search warrant. Through the use of electronic devices, such as laptops and smartphones, this modern system allows law enforcement officers to file a request for a warrant remotely.

When judges receive the application, they can then review and approve such requests. Instead of a print version, warrants are issued electronically without the delays associated with manual paperwork.

How is an ewarrant different from traditional warrants? Previously, an officer had to prepare a paper form, produce it in front of a judge, and verify the details from multiple parties. This is a slow and inefficient legal process that’s also prone to errors.

On the other hand, an ewarrant uses new technologies and digital signatures to reduce logistical and temporal hurdles. The ability to file a remote warrant permits officers to stay at the site of the alleged crimes while waiting to secure permission to search or arrest. This makes e-warrants appropriate for time-sensitive investigations.

Step-by-Step E-Warrant Process and How It Streamlines Authorization in a County

Through the use of technology, law enforcement officers in California can initiate the process of obtaining an ewarrant, even after office hours. This helps streamline communication between police departments and the courts.

Officers need to log into the relevant portal, and they must submit a warrant request (PDF or Word format) for judicial review.

When the judge receives the application, they may reach out to the officer for further details before confirming authorization. To ensure legal compliance, this process may involve verifying the details of the investigation.

What makes an ewarrant unique? According to law enforcement, it offers many benefits, including the following:

• It ensures a more efficient service by reducing delays.

• It allows for specific details to be entered into the legal system quickly and effectively (in accordance with the law).

• It lets judges review and approve warrants as soon as possible, often outside normal court working hours.

After approval, the filing officer receives an access code that they must use to retrieve the ewarrant.

Key Issues in the Electronic Warrant System and Their Impact on Investigations and Rights

While e-warrants are known for their speed and efficiency, they also raise serious concerns related to violations of rights and privacy. There are also many questions that arise over:

• The information submitted

• What details may be used as evidence

• Whether requests include enough content to justify the ground for a reasonable search

Some legal scholars argue that the ewarrant process should require more judicial support and oversight to ensure fairness. The lack of physical presence by the officer in a courthouse could impact how judges review applications before they are considered complete.

Here are some of the problems associated with e-warrants in the United States, including California:

E-Warrant System and Its Content Incentivizes County Applications

E-warrants make it easy for police officers to submit an application. It reduces the administrative burdens departments face and expedites issuance. This incentivizes law enforcement officials to file applications and seek approvals, even with weak evidence.

While an ewarrant issued by a court or relevant authority increases the perceived effectiveness of an application, it can lead to the following:

Reduced Psychological Pressure in the E-Warrant Process

Traditionally, officers had to carefully draft each application before appearing in front of the judge to seek approval. However, the ease of filing an ewarrant has made it possible to submit requests based on weak probable cause. Without a judge’s physical presence, the chances of approval are often higher.

Officers under tunnel vision or confirmation bias may rush to submit requests for an ewarrant. This may lead to constitutional violations and even impact investigations.

Boilerplate Content and Its Impact on Warrant Authorization

An ewarrant allows for boilerplate text, which refers to standardized code that police officers can use in multiple contexts. Instead of drafting details specific to each case, officers reuse standardized codes and phrases to fill out the online forms.  

When judges receive such applications, they often accept them without any scrutiny. This reduces warrants to a paper exercise, weakening constitutional safeguards and individual rights.

No Consequences for Weak E-Warrant Applications

When officers file a weak ewarrant request, there are no penalties. This means that law enforcement faces very little pressure to satisfy the necessary legal and constitutional requirements.

In fact, the United States Supreme Court has noted that post-search sanctions rarely bring success in curbing poor practices. Instead, officers can file applications from anywhere, allowing for a more diverse range of poorly-made e-warrant requests.

Limited Magistrate Review of the E-Warrant Content and Its Impact on Accuracy

States that do not require real-time video or telephonic appearances for an ewarrant authorization can impact a magistrate’s ability to review applications.

When reviewing applications on a screen instead of in person, magistrates often fail to capture the filing officer’s facial expressions, tone, or body language. All of this is crucial for assessing credibility and the strength of an application.

Another problem with e-warrants is that an electronic review makes it difficult for a magistrate to ask any questions or engage in conversation with the filing officer. Answers to specific questions asked or additional details captured in-person convert an inadequate affidavit into one that meets the constitutional compliance standards.

While an e-warrant allows for back-and-forth electronic messages between the officer and magistrate, it can be time-consuming. This discourages the magistrates from asking questions at all.

Even in states where video and telephonic appearances are a must, an online review can make it difficult to observe facial features, especially during the night or in places with poor lighting.

Officers appearing online from potentially unsafe situations may force magistrates to keep conversations to the bare minimum, authorizing an e-warrant that fails to meet the constitutional standards.

Lack of Magistrate Scrutiny and the Important Role of Judicial Oversight in the Entire Legal Process

Over the years, studies have shown that magistrates fail to scrutinize e-warrant applications properly. In fact, a landmark study found that the average review time was just two minutes and forty-eight seconds. The median was even shorter. This is due to a lack of contradictory evidence or urgency in pre-search situations.

When a magistrate knows that their work is being observed by other officials, they are more likely to review the application thoroughly. That’s not the case with e-warrants, as the reviews are often private and rushed.

In Illinois, for example, a police officer can file an e-warrant request for DUI blood tests when they pull a driver suspected of drunk driving. This creates an immediate pressure on the magistrate to approve the e-warrant so that the officer can carry out their duties.

To safeguard an individual’s rights, a warrant must be carefully examined. It is important for the magistrate to follow the legal process before serving the warrant.

High Approval Rates in the Electronic Warrant System Lower Standards

The ewarrant system in the United States has an extraordinarily high rate of approval. According to recent research, magistrates have rejected less than 2% of the applications, which is much lower than the 8% rejection rate for traditional, in-person warrant applications.

Since ewarrant technology makes it possible to submit applications without an in-person review, officers often end up filing weak cases. Magistrates operate without a watchful eye, accepting most of the applications.

When officers are confident of finding evidence, they go through the warrant process. However, ewarrant systems make this process faster, cheaper, and easier to execute. This results in lower-quality or hastily prepared applications, unintentionally lowering investigative standards.

Minimal Post-Search Review Benefits Law Enforcement Over Rights

Once a magistrate or judge issues an ewarrant, the resulting search often receives minimal post-search judicial review.

Under Frank's Motion, while defendants can contest the content of the affidavit, they must prove a knowingly false, material statement. This is what deters most criminal defense attorneys from pursuing a case. For help with a case, trusted criminal defense lawyers in Sacramento may be an option.

In Illinois v. Gates and United States v. Leon, the Supreme Court ruling further limited suppression by deferring to magistrates’ probable cause determinations and shielding officers acting in good faith. This framework encourages police to seek more warrants, knowing evidence is rarely excluded.

Appeals are even less common. In Van Duizend’s study, thousands of warrants generated only nineteen appeals, with four successes. Ewarrants intensify these patterns, making such legal documents easier to obtain, harder to challenge, and less protective of Fourth Amendment rights. It serves the interests of law enforcement officers rather than safeguarding the rights of the defendants.

A Lack of Internalization of the Ewarrant System

Due to convenience and a lack of scrutiny associated with ewarrants, police face no consequences for intruding into people’s homes and lives. They often file reckless applications. If a magistrate rejects an application, the officer can file another request.

Under the traditional warrant system, officers had to draft affidavits and wait at courthouses. This process raised the bar for searches. It discouraged weak cases, which meant that any search approved by the court would yield important evidence.

Since ewarrant technology lowers the cost of filing a request, it encourages more dubious applications. The process is almost effortless, and filing officers face no penalties for weak cases. More searches lead to weaker oversight, and there is very little chance for recourse when police overstep.

When seeking warrants used to be inconvenient, the legal process served as a constitutional safeguard, protecting the rights of the accused or the defendant. Unfortunately, this is not the case with ewarrants.

Has an Ewarrant Violated Your Rights? It's Important to Speak to a Defense Lawyer Today!

If you didn't receive a copy of a warrant or got arrested after the issuance of an ewarrant in Sacramento, California, there is a chance that the law enforcement officer or magistrate failed to follow the proper legal process. This can affect the investigation and your rights.

Call us for a free consultation with an experienced criminal defense lawyer. We will investigate your case, and if the due process is not properly followed, we will stop at nothing to ensure you get the justice you deserve.