• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Search Warrent

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

N

Nirelan

Member
Search Warrant

What is the name of your state (only U.S. law)? IL

When I asked the circuit clerk for the paperwork regarding a search warrant issued against me she stated that the police hadn't turned the paperwork in, but had a certain length of time to do so.

What happens if they do not return the paperwork? Is the search warrant still valid?
 
Last edited:


C

CavemanLawyer

Senior Member
When a search warrant is executed the officers must "return" the warrant to the court. This means they must file the return document along with an inventory of what was seized and it must be done within a "reasonable amount of time." Failure to do it in a reasonable amount of time means that everything except for contraband must be returned to the person it was seized from. Illinois statute does not set a specific time frame within which it must be returned. Its fact specific, like if there are 10,000 things seized its more reasonable that it would take longer to return the inventory than if there were 10 things seized. This type of issue is dealt with on a case by case basis, so you'd have to look at caselaw. I'm sure there are some bright line deadlines set up in caselaw, but I don't know Illinois law.
 
S

seniorjudge

Senior Member
CavemanLawyer said:
When a search warrant is executed the officers must "return" the warrant to the court. This means they must file the return document along with an inventory of what was seized and it must be done within a "reasonable amount of time." Failure to do it in a reasonable amount of time means that everything except for contraband must be returned to the person it was seized from. Illinois statute does not set a specific time frame within which it must be returned. Its fact specific, like if there are 10,000 things seized its more reasonable that it would take longer to return the inventory than if there were 10 things seized. This type of issue is dealt with on a case by case basis, so you'd have to look at caselaw. I'm sure there are some bright line deadlines set up in caselaw, but I don't know Illinois law.
Click to expand...
They teach good law in the cave.

Anyone who says "brightline" is my kind of lawyer. :D
 
T

Texas12

Junior Member
Warrant

Back in January 2008 - a warrant was issued to my job - to obtain my hard-drive off of my computer still to this day I cannot find/get a copy of what was said ! I have even requested it from my previous employer / police dept. & nothing ! - so any ideas **************
 
T

Texas12

Junior Member
CavemanLawyer said:
When a search warrant is executed the officers must "return" the warrant to the court. This means they must file the return document along with an inventory of what was seized and it must be done within a "reasonable amount of time." Failure to do it in a reasonable amount of time means that everything except for contraband must be returned to the person it was seized from. Illinois statute does not set a specific time frame within which it must be returned. Its fact specific, like if there are 10,000 things seized its more reasonable that it would take longer to return the inventory than if there were 10 things seized. This type of issue is dealt with on a case by case basis, so you'd have to look at caselaw. I'm sure there are some bright line deadlines set up in caselaw, but I don't know Illinois law.
Click to expand...
It has been 6 mos. now & I still can't get a copy of my warrant ?
 
C

CavemanLawyer

Senior Member
Texas12, has the case been indicted yet? If so the warrant might be in the DA's file. Some judges also keep the original. Either way your attorney can request the warrant through discovery. Depending on the county you are in that may or may not require a hearing and ruling by the judge.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top