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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.

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