If a search warrant specifically says to go in the premises at night time but the officers went in the premises during the day (2 pm), is that a valid search?

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If a search warrant specifically says to go in the premises at night time but the officers went in the premises during the day (2 pm), is that a valid search?

Asked on February 13, 2015 under Criminal Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

While it is always best for the parameters of the search warrant to be followed, and while it is true that if some parameters are not the search becomes subject to challenge, this particular goof may not be fatal and so the search may indeed be held to be valid.  Discuss it with your lawyer.


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