Page:The 1879 Constitution of the State of California as Amended through 2016.pdf/12

158 CONSTITUTION OF CALIFORNIA Art. I, § 13 the previous criminal record of the defendant, and the probability of his or her appearing at the trial or hearing of the case. A person may be released on his or her own recognizance in the court's discretion. [As amended November 8, 1994.]

Sec. 13. [''Repealed November 5, 1974. See Section 13, below.'']

[Unreasonable Seizure and Search—Warrant]

Sec. 13. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches may not be violated; and a warrant may not issue except on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized. [New section adopted November 5, 1974.]

Sec. 14. [''Repealed November 5, 1974. See Section 14, below.'']

[Felony Defendant Before Magistrate—Prosecutions]

Sec. 14. Felonies shall be prosecuted as provided by law, either by indictment or, after examination and commitment by a magistrate, by information. A person charged with a felony by complaint subscribed under penalty of perjury and on file in a court in the county where the felony is triable shall be taken without unnecessary delay before a magistrate of that court. The magistrate shall immediately give the defendant a copy of the complaint, inform the defendant of the defendant's right to counsel, allow the defendant a reasonable time to send for counsel, and on the defendant's request read the complaint to the defendant. On the defendant's request the magistrate shall require a peace officer to transmit within the county where the court is located a message to counsel named by defendant. A person unable to understand English who is charged with a crime has a right to an interpreter throughout the proceedings. [New section adopted November 5, 1974.]

[Felony—Prosecution by Indictment]

Sec. 14.1. If a felony is prosecuted by indictment, there shall be no postindictment preliminary hearing. [''New section adopted June 5, 1990. Initiative measure.'']

Sec. 14½. [Repealed November 5, 1974.]

Sec. 15. [''Repealed November 5, 1974. See Section 15, below.'']

[Criminal Prosecutions—Rights of Defendant—Due Process of Law—Jeopardy— Depositions—Assistance of Counsel]

Sec. 15. The defendant in a criminal cause has the right to a speedy public trial, to compel attendance of witnesses in the defendant's behalf, to have the assistance of counsel for the defendant's defense, to be personally present with counsel, and to be confronted with the witnesses against