Lexington, KY asked in Criminal Law for Kentucky

Q: What is the procedure for issuance and execution of search warrant?

Does a copy of the original affidavit and search warrant need to be stamped filed (with date) by clerks office before executed? A judge from a different district than the county S.W. was executed in signed affidavit and S.W. but neither was filed in clerks office until 11 days after being executed. The copy of original inventory was filed but rewritten in neater handwriting and refiled a couple of times . They did add another signature of a police officer ,the original only had one. No one was home when executed. The detective that got the warrant did not execute.

I also want to ask what was the procedure for a emailed S.W.? The judges signature is in regular handwriting no digital signature like other ones I’ve researched. Top of page has time sent and judge sent back day after executed.

Thanks in advance for any help that any one of you may provide.

JUSTIAs legal talent is outstanding by the way. I want to give a special thanks to Tim Denison,I take his answers to heart.

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1 Lawyer Answer
Timothy Denison
Timothy Denison
Answered
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Thank you very much for your kind acknowledgment regarding the legal advice. As I read your question, it does not appear anything is out of order or has been done wrong. A copy of the affidavit and sw is kept by the clerk or ombudsman and a copy is maintained by the judge. It does not have to be filed before execution, only within a reasonable time after execution. Generally speaking, 11 days is a reasonable time (11 months...probably not). As for judicial signatures, practices vary widely from county to county. Both handwritten and electronic signatures are permissible in Kentucky.

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