Search Warrant Help.

[athanasulas]

What is the name of your state? Texas.


The task force kicked my door in back in February and in the paperwork they left with me combine with what my lawyer sent me, when they got the warrant signed by the judge it states that within 3 day's they had to execute the search warrant and also present the evidence back to them within the 3 day's. The judge signed off on it on Feb 2nd and they hit my house on the 6th of Feb, so that makes it the 4th day which is past the 3 day's they was given. Can charges be dropped since the search was done outside the time period they was given??

 

[CdwJava]

You can bring this to the attention of your attorney and MAYBE they can seek to exclude any evidence obtained through the search. Your attorney is in the best position to effectively evaluate the matter.

 

[athanasulas]

Is it legal or illegal? My lawyer does know about it and filed a motion to suppress all evidence but when I went and met with him he said nothing of it and was saying I was still looking at a lot of prison time.

 

[CdwJava]

If the time frame was, indeed, 3 days and that time frame was exceeded between the time the warrant was signed and executed, then your attorney can make a motion to suppress any evidence seized pursuant to the warrant. If the state has other evidence not obtained pursuant to items discovered as a result of the warrant, then the case may not go away. Whether the case can still result in a conviction or not will depend on the nature of the remaining evidence. If your attorney has not gone to court on the motion, yet, then there is nothing to tell you.

 

[RJR]

Is it legal or illegal? My lawyer does know about it and filed a motion to suppress all evidence but when I went and met with him he said nothing of it and was saying I was still looking at a lot of prison time.

Ask him about any Computation of Time statutory construction as to if weekends are excluded as days counted.

 

[CdwJava]

I don't see any exception for weekends or Holidays. But, there may be some exception or some nuance of the dates that is not obvious to those of us who are not privy to the actual search warrant.

https://statutes.capitol.texas.gov/Docs/CR/htm/CR.18.htm

 

[RJR]

18.07 indicates some times to execute. Exclusive is date of warrant and day of execution. This warrant says within 3 days, so that would fly. I checked the dates for Feb. before I read 18, and it included weekends, that was my reasoning.

 

[quincy]

The search warrant excludes the day of issuance (the 2nd) and the day of execution (the 6th). That is 3 days (3rd, 4th, 5th).

If your attorney is saying you are looking at a lot of prison time, I think you need to prepare for prison as best you can.

Good luck.

 

[HighwayMan]

Your attorney is the point man here - if you have specific questions about your case why have you not asked him? If he said nothing about the warrant and told you you are looking at a lot of time, why didn't you open your mouth at that point and ask him?

No stranger on an Internet forum knows your situation better than your attorney does.

 

[Whoops2u]

I'm not sure that a cop making a mistake would invalidate the search. If it was going to be found anyway... But, no matter. I'd read it as the day it was issued does not count and the day it is executed does not count. It seems the warrant was served in a timely manner.

Art. 18.07. DAYS ALLOWED FOR WARRANT TO RUN. Text of subsection effective until January 1, 2019 (a) The period allowed for the execution of a search warrant, exclusive of the day of its issuance and of the day of its execution, is: (1) 15 whole days if the warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva samples; (2) 10 whole days if the warrant is issued under Section 5A, Article 18.21; or CODE OF CRIMINAL PROCEDURE Statute text rendered on: 12/5/2017 - 261 - (3) three whole days if the warrant is issued for a purpose other than that described by Subdivision (1) or (2). Text of subsection effective on January 1, 2019 (a) The period allowed for the execution of a search warrant, exclusive of the day of its issuance and of the day of its execution, is: (1) 15 whole days if the warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva samples; (2) 10 whole days if the warrant is issued under Article 18B.354; or (3) three whole days if the warrant is issued for a purpose other than that described by Subdivision (1) or (2). Text of subsection effective until January 1, 2019 (b) The magistrate issuing a search warrant under this chapter shall endorse on the search warrant the date and hour of its issuance. Text of subsection effective on January 1, 2019 (b) The magistrate issuing a search warrant under this chapter, Chapter 18A, or Chapter 18B shall endorse on the search warrant the date and hour of its issuance. (c) If a warrant is issued to search for and seize data or information contained in or on a computer, disk drive, flash drive, cellular telephone, or other electronic, communication, or data storage device, the warrant is considered to have been executed within the time allowed under Subsection (a) if the device was seized before the expiration of the time allowed. Notwithstanding any other law, any data or information contained in or on a device seized may be recovered and analyzed after the expiration of the time allowed under Subsection (a). Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973, 63rd Leg., p. 984, ch. 399, Sec. 2(E), eff. Jan. 1, 1974. Amended by: Acts 2009, 81st Leg., R.S., Ch. 761 (S.B. 743), Sec. 1, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 772 (H.B. 1891), Sec. 1, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 1289 (H.B. 2268), Sec. 3, eff. CODE OF CRIMINAL PROCEDURE Statute text rendered on: 12/5/2017 - 262 - June 14, 2013. Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 3.07, eff.

Edited to add:
Case law is even a bit worse.
Green v. State, 799 SW 2d 756 - Tex: Court of Criminal Appeals 1990
The face of the search warrant reflects a notation it was signed and issued by the magistrate on March 20, 1987. The return on the warrant recites it was executed on March 25, 1987. Facially, then, the warrant violates the requirements of Art. 18.07, V.A.C.C.P., which provides a warrant shall be executed within a time frame of three days, exclusive of the day of issuance and day of execution.[1] This is the crux of appellant's argument which was rejected by the trial court but accepted by the Court of Appeals.
...
[many examples of where strict day count is not dispositive]
...
When a search warrant is not executed within the time period provided by articles 18.06 and 18.07, see ante, it becomes "functus officio", having no further official force or effect. It follows that any search whose legality depends on the warrant is unauthorized. Swanson, supra. However, as seen in the cases annotated above, purely technical discrepancies in dates or times do not automatically vitiate the validity of search or arrest warrants. The issue then becomes whether a warrant containing a discrepancy in time of issuance and execution so as to make the warrant apparently invalid under Art. 18.06 and 18.07, may nevertheless be held to be a valid instrument under which a proper search or seizure can be conducted, where there is no testimony in the record to reflect the discrepancy in time or date is merely a matter of technical or clerical error.

 

[quincy]

Yes. That was already said.

The search warrant excludes the day of issuance (the 2nd) and the day of execution (the 6th). That is 3 days (3rd, 4th, 5th) ...

 

[Whoops2u]

Yes. That was already said.

Just as it was already said by a previous poster when you said it. Perhaps you thought that rather than posting the law it would be better with your summary count. Just as I thought it better to put the actual words up to show why the warrant was written as it was and provided a case showing that even if the count was wrong it still might get in.

But, kudos to you for being the third one to mention the law. You must be so proud. I take that back, you didn't mention the law.

 

[quincy]

Yup. I am proud of my contributions.