Q: On the search warrant it says the cops are not allowed to enter the premises at night time and they still enter the home
Cops gave my girlfriend a search warrant the box is checked off that they could not enter the premises at night time the cop still entered at 9 p.m. is that a mistake can I get the case thrown out
A: Doubtful but I, or another attorney would have to see the warrant. Usually a warrant is a warrant and they simply need to enter the target area within a certain amount of time.
A: Violation of a time line as broad as "nighttime" is unlikely to invalidate the execution of a warrant that is otherwise supported by probable cause. Also, if the officer was acting in good faith or if exigent circumstances were present, the courts will likely uphold its validity.
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