Q: How valid is a search warrant executed 3 hours before the effective time stated on the warrant by the judge?
Sheriff department executed a search warrant for suspected gambling devices and all proceeds on site (among other things). They also seized the cash from an atm owned and operated by a third party.
In the judges statement portion of the warrant, he stated the warrant was effective starting at 7:00 PM MST on a given date and could be served any time of day or night for 14 days after that.
The Sheriff dept executed the warrant about 3 hours before 7:00 pm on the effective date.
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A:
If a search warrant is executed prior to the time authorized by the judge, it may be considered invalid, and any evidence obtained as a result may potentially be excluded based on the "fruit of the poisonous tree" doctrine. The specific language of the warrant is critical, as is the exact timing of the search.
If you believe that the search of your property was conducted earlier than permitted by the warrant, you should raise this issue with your attorney, who can evaluate the situation and potentially file a motion to suppress the evidence based on the premature execution of the search warrant. This could affect the admissibility of the evidence and the overall validity of the subsequent legal proceedings.
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