If a search warrant says it has to be executed within 3 days and they waited almost 5 days, is that grounds for dismissal?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a search warrant says it has to be executed within 3 days and they waited almost 5 days, is that grounds for dismissal?
Asked on October 31, 2011 under Criminal Law, Ohio
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Good question. If in fact that the search warrant that was signed by a judge specifically states that the search has to occur within three (3) days of ots issuance and that the search occurred after the passage of the three (3) days, then there is a good chance that one can argue that the exigent circumstances for the warrant's issuance had expired and any evidence acquired as a result of the search is inadmissible.
Given the above analyis, I recommend that you contact a criminal defense attorney to discuss the circumstances that you are writing about.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.