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.
A:
Sadly, no. Massachusetts cases have repeatedly defined night time warrants as between 10:00 pm and 6:00 am. The 9:00 pm search is valid based on the time question. However, there are many other issues lawyers routinely examine in a search warrant, such as, the basis of probable cause, whether there are materially false statements in the warrant, the correctness of the address and description of premises and person to search, knock and announce etc.
An experienced criminal defense attorney will review the warrant and underlying documentation as part of an assessment of your overall case and defenses. Please speak to an attorney as soon as possible for information specific to your case and facts. Good luck-
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