If a search warrant is dated 2 days after a search, is it still legal?

Asked on July 3, 2012 under Criminal Law, Missouri


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

This would be grounds to challenge the validity of the search warrant. Typically, a search warrant must be found to have probable cause for the search via a Judge or Magistrate prior to its execution. A search warrant that was not signed off on prior to the search is invalid unless the prosecutors can show that exigent circumstances nullified the need for the warrant at the time of the search. 

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