People v. Clayton

Opinion

REARDON, J.

Penal Code section 1534 1 requires that a search warrant be executed “within 10 days after date of issuance.” In this case of first impression in California, we must decide how that 10-day period is to be computed.

I. Facts

At 11 a.m. on July 15, 1992, a magistrate signed a warrant authorizing the search of 4719 Melrose Avenue in Oakland. Police executed the warrant about 5:20 p.m. on July 25, 1992. Inside, the police found the two defendants, Aaron Clayton and Diana Williams, controlled substances and weapons. Criminal charges were filed.

Ruling on defendants’ motion to…