Search Warrants

[whimangb]

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

I'm told that where all the necessary requirements have been met to the judge's entire satisfaction, the time taken to obtain a search warrant in connection with a serious crime may be as short as the time it takes to make a phone call. What, in the experience of those who have such experience (I don't), is the longest time it takes to obtain such a warrant?

 

[Mass_Shyster]

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

I'm told that where all the necessary requirements have been met to the judge's entire satisfaction, the time taken to obtain a search warrant in connection with a serious crime may be as short as the time it takes to make a phone call. What, in the experience of those who have such experience (I don't), is the longest time it takes to obtain such a warrant?

The longest one I'm familiar with was three weeks. That involved a 32 page affidavit.

 

[whimangb]

The longest one I'm familiar with was three weeks. That involved a 32 page affidavit.

Thanks, Steve. I guess a 32-page affidavit isn't exactly typical, so it suggests 3 weeks is a fairly safe upper limit!

'If at first you don't succeed, try, try again.' Robert the Bruce (allegedly).

 

[Mass_Shyster]

Thanks, Steve. I guess a 32-page affidavit isn't exactly typical, so it suggests 3 weeks is a fairly safe upper limit!

Nope. It really depends on the crime. It could take some time to develop sufficient probable cause to support a warrant. There's also no rule that says the police must apply for the warrant as soon as they develop probable cause. In a case where the police think there are bodies buried in the basement, they could wait years.

 

[CdwJava]

It depends on the question. If you are asking how long it takes for a judge to issue other warrant after presented with the affidavit, then the answer is it can take only minutes. If you are asking how long it takes to prepare, review, and then submit a request, then the answer is that it will take as long as need be. I've seen the time range from a two minute phone call to a few months, and know of others where the police might wait years until they have the right piece of evidence that will turn the corner to allow for a search warrant (usually for evidence of a homicide). The complexity and nature of the case are what will govern the time it might take.

As mentioned, there is no real "typical" time frame. And, the police are not mandated to request a search warrant when they have developed probable cause.

Do you have a particular scenario? Are you in fear of the police kicking down your door and are trying to guess how long it might take them to serve a search warrant on you after a controlled buy or something? There's no good answer to that as the police might sit on the info and investigate further. Or, they might be on the horn to the judge and kick in your door after the next buy. Who knows?

 

[Mass_Shyster]

I just ran across this story and thought of this thread.

BOSTON — Police have searched a Chelmsford home that once belonged to the family of a 17-year-old girl who disappeared three decades ago.

 

[HighwayMan]

It could take some time to develop sufficient probable cause to support a warrant.

His question appeared to be an administrative rather than a legal one. He said once everything has been established to a judge's satisfaction how long does it take the judge to issue the warrant.

I can't really see any point to having an answer to that, but that's apparently what was asked.

It's like asking "once all evidence has been presented at a trial to establish guilt beyond a reasonable doubt how long does it take a judge to say 'guilty'?".

 

[whimangb]

His question appeared to be an administrative rather than a legal one. He said once everything has been established to a judge's satisfaction how long does it take the judge to issue the warrant.

I can't really see any point to having an answer to that, but that's apparently what was asked.

It's like asking "once all evidence has been presented at a trial to establish guilt beyond a reasonable doubt how long does it take a judge to say 'guilty'?".

REPLY (Possibly In The Wrong Place; My PC Wants Its Sleep)

First, thanks to everyone who replied.

Second, why did I ask such a question? My question arose as a result of the reaction to a similar question asked by John Truman on the Expert Law site. I could see what the guy was driving at, but he seemed to me to be deliberately misunderstood. I hope he uses this site and saw how you guys replied. If so, he'll now know, assuming I've understood correctly, that the judge doesn't hold up the proceedings (which I think was his main concern, because I've seen that he's interested in how powerful figures affect ordinary citizens' lives), but the difficulty of compiling an adequate affidavit (all the things cited in your answers) to present to a judge means the process as a whole can take minutes, days, weeks, months, or years.

From what I've read elsewhere in the short time since I saw John's question, I believe a judge has a duty to grant a warrant promptly provided the appropriate criteria are met, which suggests a judge never delays the granting of a warrant on a whim. I doubt John Truman thought a judge did that, exactly, but who knows?

I suspect, but don't know, that occasionally a police officer applies for a warrant with weaker grounds than he'd like. The question that occurs to me (sorry, John, if you were all set to ask it!) is, can a police officer have more than one shot at getting a warrant, if fresh evidence comes along, or is he debarred from trying again if he got it wrong the first time? That would put tremendous (but not necessarily unreasonable) pressure on the officer. It sounds as if it can be a tough call.

I guess an outsider must often struggle with issues that aren't black and white in a profession not his or her own. Answers that seem to an insider to cover it all can sometimes leave an outsider wondering. I don't think that makes him dumb or them smart. It makes them good at their job and, for all anyone knows, he's good at his.

I've written a book. Sorry. And I hope John doesn't mind that I took his side.

Thanks again, all (and it's the jury that says 'guilty', not the judge).

 

[CdwJava]

I suspect, but don't know, that occasionally a police officer applies for a warrant with weaker grounds than he'd like. The question that occurs to me (sorry, John, if you were all set to ask it!) is, can a police officer have more than one shot at getting a warrant, if fresh evidence comes along, or is he debarred from trying again if he got it wrong the first time? That would put tremendous (but not necessarily unreasonable) pressure on the officer. It sounds as if it can be a tough call.

Yes, the officer can apply for the warrant again with new evidence, better articulation, or after correcting whatever had given the judge concern previously.

In many counties, a warrant is reviewed by a supervisor at the law enforcement agency and an assistant DA before it is even sent to the judge for review. Hopefully any glaring errors or weaknesses are identified before the judge receives the affidavit and application.

 

[whimangb]

Yes, the officer can apply for the warrant again with new evidence, better articulation, or after correcting whatever had given the judge concern previously.

In many counties, a warrant is reviewed by a supervisor at the law enforcement agency and an assistant DA before it is even sent to the judge for review. Hopefully any glaring errors or weaknesses are identified before the judge receives the affidavit and application.

Thanks for the clarification.

'The bird of time has but a little way to go, and lo! the bird is on the wing.' - The Rubaiyat of Omar Khayyam, Edward Fitzgerald.

 

[latigo]

uit

Thanks for the clarification.

'The bird of time has but a little way to go, and lo! the bird is on the wing.' - The Rubaiyat of Omar Khayyam, Edward Fitzgerald.

Quite so and also quite so is that anybody that has suffered through much of Fitzgerald's translations will admit that even suicide has its brightrer side.

 

[HighwayMan]

Thanks again, all (and it's the jury that says 'guilty', not the judge).

Not at a bench trial.