Search Warrant: How long are they valid?

[1dogg]

A search warrant was issued on June 1. The police used the warrant on June 5. They found the drugs they were looking for. Is the search warrant still good 5 days later,or do they have to use it on the same day?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.


Okay, basically what you are trying to argue is getting off on a possible technicality. There are two reasons why this won't work.

Unless otherwise noted on the search warrant of having a specific item or area be searched within a specific time frame, a "Reasonable" standard is used. It must be a "timely" search per the specific area(s) mentioned in the warrant. 4 days is timely by most standard.

Second, even if the warrant could be argued as untimely and therefore invalid, as long as the police who had the warrant reasonably believed it to be valid and found such paraphanalia, then it is still valid and all evidence still admissable against you.

Next time, don't use drugs. They make you stupid! : - )

 

[BADRAP]

TELL ME ABOUT IT I DONT USE DRUGS AND IM STILL STUPID... JUST DONT TRUST THE COP'S