Q: Can police officers execute a warrant on weekends?
I know this is a stupid question but I had a police officer execute a warrant today at my place of residence.
A:
The primary rules for serving a warrant in California are Penal Code sections 1533 and 1534.
1533 states, "Upon a showing of good cause, the magistrate may, in his or her discretion, insert a direction in a search warrant that it may be served at any time of the day or night. In the absence of such a direction, the warrant shall be served only between the hours of 7 a.m. and 10 p.m." 1534(a) says, "A search warrant shall be executed and returned within 10 days after date of issuance." So, while the short answer is that, yes, the police can execute a warrant on a Saturday, there are many ways to challenge a search warrant and get the evidence thrown out of court.
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