Asked in Criminal Law for Arkansas

Q: In the state of arkansas is it illegal for the law to bust in your home before 6am.??

Like my friend they just kicked his door in at 3am this morning I thought its was busk to dark

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1 Lawyer Answer
Michael Kiel Kaiser
Michael Kiel Kaiser
  • Criminal Law Lawyer
  • Little Rock, AR
  • Licensed in Arkansas

A: Generally, law enforcement must execute a search warrant between the hours of 6am and 8pm. That is pursuant to Rule 13.2(c) of the Arkansas Rules of Criminal Procedure.

However, there are exceptions if the issuing judge finds: 1) the place to be searched is difficult of speedy access; or 2) the objects to be seized are in danger of imminent removal; or 3) the warrant can only be safely or successfully executed at nighttime. However, the judge would have to make such a finding in the warrant (or affidavit for the warrant) itself.

Definitely something you need to visit with an attorney about as an illegal nighttime search without permission from a judge may be a good argument in favor of suppression. Speak with your public defender or private counsel ASAP.

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