search warants

[pbdon919]

What is the name of your state? kansas
My girlfreind had a warant served on her home .The date and time on the warant were not the same as when the warant was served in fact the warant was not served untill the following day is this legal?

 

[justalayman]

The date and time you speak of; are you trying to say that the warrant stated when the warrant was to be carried out.? I don't think so.

The time and date are when the warrant was issued (as in signed by the judge)

 

[pbdon919]

Yes it states the time it was signed by the judge at 2:48 am on 05/31/06 was to be served at 5:49 am on 05/31/06 but they did not kick the door in untill 06/01/06 that is what made me wonder if it is legal or not.

 

[BelizeBreeze]

Yes it states the time it was signed by the judge at 2:48 am on 05/31/06 was to be served at 5:49 am on 05/31/06 but they did not kick the door in untill 06/01/06 that is what made me wonder if it is legal or not.

There is no loophole for her to wiggle out from here.

 

[pbdon919]

I was hopeing that because the time and date they had down was different from the actual
date they served it it might give her a chance to fight it

 

[BelizeBreeze]

I was hopeing that because the time and date they had down was different from the actual
date they served it it might give her a chance to fight it

Well, hope does spring enternal

 

[CdwJava]

They have a statutory time period to serve the warrant ... in my state they have 10 days to execute the search warrant after it is signed by the judge. My guess is that your state has a similar time element in the law. Your time frame places this WELL within that window.

What did they find?

- Carl

 

[pbdon919]

They found a baggie with some residue in it ,if it tests positive that will be a possession charge and they charged her with parifanailya they also took cash,guns a laptop.

 

[CdwJava]

They found a baggie with some residue in it ,if it tests positive that will be a possession charge and they charged her with parifanailya they also took cash,guns a laptop.

Time for her to get an attorney.

- Carl

 

[pbdon919]

the time actually was : JUDGE SIGNED THE WARANT AT 2:30 PM ON 5-31-06 AND IT STATES THAT IT WAS EXECUTED AT 4:36 AM ON 5-31-06. BY THEIR RECORDS THAT WOULD MEAN THAT THEY ENTERED MY HOME 10 HOURS BEFORE THE JUDGE SIGNED THE WARANT. THEN ON THE EVIDENCE SHEETS THEY STATE THE EVIDENCE WAS COLLECTED AT 11:00 AM ON 6-1-06. SO THERE ARE THREE DIFFRENT TIME OR DATE MISTAKES IN THIS WARANT.

 

[racer72]

the time actually was : JUDGE SIGNED THE WARANT AT 2:30 PM ON 5-31-06 AND IT STATES THAT IT WAS EXECUTED AT 4:36 AM ON 5-31-06. BY THEIR RECORDS THAT WOULD MEAN THAT THEY ENTERED MY HOME 10 HOURS BEFORE THE JUDGE SIGNED THE WARANT. THEN ON THE EVIDENCE SHEETS THEY STATE THE EVIDENCE WAS COLLECTED AT 11:00 AM ON 6-1-06. SO THERE ARE THREE DIFFRENT TIME OR DATE MISTAKES IN THIS WARANT.

Why are you hollering? Do you think we are deaf?

 

[CdwJava]

the time actually was : JUDGE SIGNED THE WARANT AT 2:30 PM ON 5-31-06 AND IT STATES THAT IT WAS EXECUTED AT 4:36 AM ON 5-31-06. BY THEIR RECORDS THAT WOULD MEAN THAT THEY ENTERED MY HOME 10 HOURS BEFORE THE JUDGE SIGNED THE WARANT. THEN ON THE EVIDENCE SHEETS THEY STATE THE EVIDENCE WAS COLLECTED AT 11:00 AM ON 6-1-06. SO THERE ARE THREE DIFFRENT TIME OR DATE MISTAKES IN THIS WARANT.

Not likely fatal flaws since OBVIOUSLY they did not serve it prior to the judge signing it. These are issues that can be corrected unless the cops all stand around scratching their heads when asked about it.

What does her attorney have to say about the issue? And does she have any defense besides this 'hail Mary'?

- Carl

 

[pbdon919]

So your saying that the police do not have to keep accurate records? what if months down the road there was a question about evidence and timelines? would you want to trust your future to a group of people who cant even keep dates and times straight? If they mess that up why not alot of other things? it makes me question their ability to perform their job. can someone please give me a
straight answer?

 

[CdwJava]

So your saying that the police do not have to keep accurate records?

It depends on the record and if the error has any real effect on the issue at hand. A judge MIGHT find it a reason to toss the warrant, but it will depend on what the police and the DA have to say.

what if months down the road there was a question about evidence and timelines?

My guess is the timelines are reflected in the reports. The warrant paperwork is not the only record of the search.

can someone please give me a straight answer?

The straight answer is: Hire an attorney to look at the matter. None of us know the details so no one can say whether there is a fatal flaw here or not. I'm guessing "not". But then I haven't heard the explanation for the discrepency.

- Carl