Q: Does a criminal complaint need to be dated before a search warrant is approved?
Date of search warrant is one day before date on criminal complaint. For example: date on search warrant is 3.17.19. Date on criminal complaint is 3.18.19. Is this OK?
A:
Police often apply for a search warrant based on suspicion that criminal activity is afoot -- and before a criminal case is officially filed against someone. Search warrants are a way for police to amass evidence during an investigation. Once a search warrant is approved by a court and then served/executed by police, evidence is often uncovered that will support criminal charges against someone. If so, then criminal charges are filed against someone by way of a criminal complaint.
So that's the way it often is: search warrant first, then criminal complaint. Hope this answers your question. Best of luck to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
