Check out some similar questions!

leffrog · Sep 9, 2011, 05:38 PM

If a judge signs a search warrant giving police a window of time to search, say 6pm-9pm, can anything after 9pm be taken into evidence if the time on the warrant is up?

twinkiedooter · Sep 9, 2011, 05:43 PM

I am not aware of search warrants being worded like that. They are only worded as to what the police hope to find on the premises and the exact premises to be searched and the date the judge signed the search warrant.

excon · Sep 9, 2011, 06:15 PM

Hello l:

IF a judge put time limits on the search warrant, and the cops VIOLATED them, then the evidence seized contrary to the warrant is NOT admissible...

However, I have NEVER seen a search warrant written like that.

excon

leffrog · Sep 9, 2011, 07:09 PM

Signed by justice of the peace d.W.C out of blank bla.. it authorized officers to enter between 5:45pm and 8:59pm to search for pot nothing else.

excon · Sep 9, 2011, 07:26 PM

Hello again, l:

Ok. That's how he wrote it. Did the cops violate it?? Did the warrant say WHERE to look? Did they find pot, and/or MORE contraband? Did they arrest you?

If you want help, tell us what happened to you.

excon

leffrog · Sep 9, 2011, 07:37 PM

The warrant was issued by information provided by confidential informant, it was to search for pot. The warrant also said "to enter between 5:45pm and 8:59pm" the police entered at 6:10pm and did not leave the said address until 9:40pm! They found pot among other paraphanelia(sp) but is that not a breach of the warrant they left AFTER the warrant was expired and it is documented in police reports that I have through my disclosure??

leffrog · Sep 9, 2011, 07:40 PM

Plus yes I was arressted along with my girlfriend who lived there and our roommate who pleaded guilty. My girlfriend and I are still awaiting trial.

excon · Sep 9, 2011, 08:06 PM

Hello again, l:

The warrant says when they may enter. It doesn't say when they must leave. But, the search sounds fishy to me for any number of reasons. Is your lawyer challenging it? Why don't you ask him? If you don't have a lawyer, why don't you ask for one??

excon

ScottGem · Sep 10, 2011, 06:08 AM

Right, the window was when they had to enter. Nothing in the warrant says they had to leave within that window. Since the record shows they entered at 6:10, within that window, then the warrant was legally executed. So I doubt if the evidence would not be admissible.

twinkiedooter · Sep 10, 2011, 11:22 AM

His attorney would have to effectively argue this point to the judge for the nonentry of the items seized. Hopefully there is a lot of case law available for him to argue this or it will be admitted.

ScottGem · Sep 10, 2011, 11:50 AM

Originally Posted by twinkiedooter

His attorney would have to effectively argue this point to the judge for the nonentry of the items seized. hopefully there is a lot of case law available for him to argue this or it will be admitted.

I don't see any case law or anything on this being pertinent. If the OP is quoting the warrant accurately, the police were permitted to enter within a window of time. They entered within that timeframe. When they completed the search is not governed by the warrant. I see no grounds for excluding the results of the search.