Asked in Criminal Law for Colorado

Q: Arrested on out of date search warrent and held for four days

What happens when your house , property & car is searched drugs were found (100 grams of cannabis & approximately 3 points of amphetamines and one glass pipe) refused bail spent 4 days and 3 nights in jail. Then granted bail then found out search warrant was out of date by 4 weeks.

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1 Lawyer Answer
Shazam Kianpour
Shazam Kianpour
  • Criminal Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: This is not a simple question. The warrant issue must be researched. Sometimes there are "cure"s that the state can use. Such as claiming you were committing a crime when they stopped you so regardless of the invalidity of the warrant, under Colorado v. Bertine, the vehicle impound law decided by the USSC would still govern allowing the police to have searched your car and found the drugs anyways. Best thing to do is to contact an attorney who can take a closer look at your case. we offer free consults if that helps.

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