Is there a statute of limiations on evidence found through a search warrant? 44 Answers as of June 26, 2013

If someone found incriminating evidence due to a search warrant and you were taken into custody but havent been booked on any charges nor fingerprinted because the arresting officers wanted you to work for them as informants so no evidence has been filed or booked, is there an statue of limitation to how long can the with hold the evidence before the file charges?

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
All the statute of limitations applies to is the timeframe for which the prosecutor has to file charges. The prosecutor has the amount of time the statute allows to file charges from the date of the offense. Usually the police will hold on to any evidence during the duration of this in case the prosecutor decides to file charges.
Answer Applies to: Michigan
Replied: 8/24/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Kansas statute of limitations for criminal charges is 5 years from the date of the crime.
Answer Applies to: Kansas
Replied: 8/22/2011
Anderson Walsh PLLC
Anderson Walsh PLLC | STACI LYNN ANDERSON
In Idaho, the state can press charges one year from the date of a misdemeanor offense and up to five years from the date of a felony offense. So depending on what the possible charges are, you can be arrested up to five years after the search warrant was executed.
Answer Applies to: Idaho
Replied: 9/20/2012
Law Offices of John Carney
Law Offices of John Carney | John Carney
Your summary states that the police want you to give hem information on others concerning criminal activity. You should consult with a good criminal attorney before you talk to the police in the first place, but certainly now that you have agreed to cooperate it is imperative that you tell the attorney all the circumstances and have him speak with the prosecutor and police to protect you and advise you on how to proceed. Never take these matters into your own hands, you are not aware of how to make such decisions or the consequences of your actions. If you have a medical or legal problem you need to get professional advice as soon as possible in order to get the best results under the circumstances.
Answer Applies to: New York
Replied: 8/19/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
The statute of limitations in most misdemeanors is one year. The statute of limitations in most felonies is three years. Please note that there are different statutes in federal court up to five years.
Answer Applies to: Alabama
Replied: 8/19/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    There is no hard and fast rule as to how long the police can hold on to potential evidence seized via search warrant or not. If there is no legitimate ongoing investigation, you can make a motion for return of the property with the court.
    Answer Applies to: California
    Replied: 8/19/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Yes there is. How long that is depends on the charge.
    Answer Applies to: California
    Replied: 8/19/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    The statute of limitations (SOL) is 1 year for misdemeanors and generally 3 years for a felony unless it is murder or sexual assault.
    Answer Applies to: New Hampshire
    Replied: 8/19/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    Yes, generally there is a statute of limitation. The deadline for bringing the charge(s) completely depends upon what class of offense was allegedly committed. However, there is no statute of limitation (no deadline) for several serious felonies.
    Answer Applies to: Colorado
    Replied: 8/19/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    It would be 6 years.
    Answer Applies to: Michigan
    Replied: 8/18/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    there is a statute of limitations on almost every criminal episode - the exact amount of time is set by law.
    Answer Applies to: Texas
    Replied: 8/18/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    There are different statute of limitations for the filing of different charges.
    Answer Applies to: Washington
    Replied: 8/18/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    No. Any applicable statute of limitations would be as to the potential underlying charge. Whether or not evidence is admissible ultimately rests upon how it was obtained, chain of custody, etc.
    Answer Applies to: Washington
    Replied: 8/18/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Yes. The answer depends on the nature of the charge. For any felony, the statute of limitations would be six years or loner. For a misdemeanor it may be a year or more.
    Answer Applies to: Minnesota
    Replied: 8/18/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    3 years.
    Answer Applies to: Washington
    Replied: 8/18/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    Yes, there is a three year statute of limitations for most crimes in Minnesota. If you fail to cooperate with the police as an informant, they will probably turn their police reports over to the prosecuting attorney for review. The criminal charges would need to file within three years from the date of offense. You should seek legal counsel from an experienced criminal defense attorney regarding whether or not working as an informant for the police is the best defense. If the likely charge, for example, is a 5th degree controlled substance crime, you may be eligible for a drug diversion program resulting ultimately in no conviction. Diversion would be the better option for you in that case verses placing your life at risk by snitching for the police.
    Answer Applies to: Minnesota
    Replied: 8/18/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    The statute of limitations applies to how long after the offense the prosecution can wait before filing charges- not how long after obtaining evidence.
    Answer Applies to: New York
    Replied: 8/18/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    The statute of limitations on most criminal charges is 6 years.
    Answer Applies to: Michigan
    Replied: 8/18/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    Yes and it depends upon the nature of the charge.
    Answer Applies to: Washington
    Replied: 8/18/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    I'm not sure what "taken into custody" means. When a person is arrested, the DA has until the next court date to decide whether to file charges or not. If that date comes and goes with no charges being filed, then the DA has one year in which to change its mind and file the case. You haven't mentioned what kind of case it is - certain types of cases (such as murder) have no statute of limitations. However, if you weren't officially arrested then I'm not sure where you fall. It sounds like you could use an attorney to help you broker an agreement between yourself and the police if you decide to become an informant.
    Answer Applies to: California
    Replied: 8/18/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    It depends upon what criminal charges they might file. In most cases there is a 3 year statute of limitations for felony drug offenses and a one year statute for misdemeanor drug offenses.
    Answer Applies to: California
    Replied: 8/18/2011
    Smith & John
    Smith & John | Kenneth Craig Smith, Jr.
    Generally up to 5 or 6 years depending on the felony.
    Answer Applies to: Louisiana
    Replied: 8/18/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    The statute of limitations pertains to whether they can charge you with a specific crime. There is no time limit for use of evidence per se. They can use the evidence if they can charge the crime.
    Answer Applies to: Washington
    Replied: 8/18/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    There is a statute of limitations for many offenses. It is not based on the warrant, but rather, it is based on the potential charge. Without knowing the offense, the statute of limitations which applies cannot be determined I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 8/18/2011
    Lewis & Dickstein, P.L.L.C.
    Lewis & Dickstein, P.L.L.C. | Loren Dickstein
    No, there is no statute of limitations on evidence. There may be statute of limitations on the criminal charge however. The statute of limitations for most offenses in Michigan is 6 years. Some crimes have longer times and some crimes, like first degree murder for example, have no statute of limitations.
    Answer Applies to: Michigan
    Replied: 8/17/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Yes. Several years.
    Answer Applies to: California
    Replied: 6/26/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    No, it all depends on what potential "charge(s)" the evidence gathered can garner. Each charge has a different S of L.
    Answer Applies to: California
    Replied: 8/17/2011
    Watkins Law Office
    Watkins Law Office | Bob Watkins
    Statute of limitations applies to charges, not evidence.
    Answer Applies to: New Hampshire
    Replied: 8/18/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    There is a limit on how long they can hold you before charges are filed. Two business days. Weedkends and holidays do not count. As for the evidence, the list of evidence must be given to your attorney along with the affidavit in support of the search warrant. Your attorney can decide if there is a chance to suppress the evidence due to illegal search and seizure. If you are ever offered a sweet deal in return for cooperating with the cops, make sure it is in writing and consult your attorney first. They might not have enough evidence against you anway.
    Answer Applies to: California
    Replied: 8/17/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    It depends on the nature of the crime there are different statute of limitations for different types of crimes. Consult an attorney. Most statute of limitations are in the nature of years long periods.
    Answer Applies to: Michigan
    Replied: 8/17/2011
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    Generally, the length of the statute of limitations depends on the nature of the crime that the evidence seized would tend to prove. So if the evidence recovered was evidence of theft, for example, the SOL to file charges would be equal to the longest possible sentence that one could serve for the crime of theft. Misdemeanors are always 1 year, because that is the maximum sentence. Murder has no SOL.
    Answer Applies to: California
    Replied: 8/17/2011
    Law Office of Raymond J. Dague, PLLC
    Law Office of Raymond J. Dague, PLLC | Raymond J. Dague
    The felony statute of limitations for drugs is 5 years.
    Answer Applies to: New York
    Replied: 8/17/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. But it has nothing to do with when they discovered the evidence. It's from the commission of the crime.
    Answer Applies to: New York
    Replied: 8/17/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Its 2 years for a misdemeanor and 5 for most felonies.
    Answer Applies to: New York
    Replied: 8/17/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Sorry no. The longer they wait the better it is for you.
    Answer Applies to: Nebraska
    Replied: 8/17/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    In general, the statute of limitations on most felonies is three years. On most misdemeanors, it's one year.
    Answer Applies to: California
    Replied: 8/17/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Christopher Lee
    There is no statute of limitations on evidence. However, there are statute of limitations of when the government must charge a person with a crime. The statute of limitations vary based on the type of crime. More serious crimes have longer statutory periods.
    Answer Applies to: California
    Replied: 8/17/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    There is a different statute of limitations for misdemeanors and felonies. The DA has two years to file charges on a felony if the charge is not murder or rape and one year to file on misdemeanor charges. As far as working for the police, if they are giving you immunity to help them out make sure to get that in writing and signed by a DA. Far too many times do I hear stories about people who have agreed to help the police in exchange for immunity and charges are ultimately filed because the DA had no idea about the bargain.
    Answer Applies to: California
    Replied: 8/17/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You're mixing two different issues. There is a statute of limitations on bringing charges against you, which begins running once a crime is discovered. How long it is depends upon the crime, from 6 months for some misdemeanors to as much as 7 years for some felonies. No statute for murder, by the way. How long evidence can be held is different. You can file your demand upon the police and follow it up with a motion to the court for return of property any time after seizure. The judge will decide if it should be returned, after hearing the arguments of the police and prosecution.
    Answer Applies to: California
    Replied: 8/17/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    The statute of limitations defines the time the prosecutor has to file a charge after the alleged commission of an offense. It is generally three years for most felonies, but some are longer.
    Answer Applies to: Washington
    Replied: 8/17/2011
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    The statute of Limitations is on the charging of the crime.
    Answer Applies to: Oregon
    Replied: 8/17/2011
    Law Office of John E. Gutbezahl LLC
    Law Office of John E. Gutbezahl LLC | John E Gutbezahl
    generally there is a two year statute of limitations on misdemeanor offenses and three years on felony offenses. If you need additional assistance, please do not hesitate to contact me.
    Answer Applies to: Oregon
    Replied: 8/17/2011
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