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Law Office of Peter F. Goldscheider | Peter Goldscheider
Perhaps. Your attorney needs to make a motion to suppress though technical defects in warrants are less and less the cause for suppression of evidence.
Answer Applies to: California
Replied: 2/9/2012
Dennis Roberts, a P.C. | Dennis Roberts
The cut-off for service of a warrant NOT marked for other than daytime service is 10:00 p.m. and, unfortunately, even if served AFTER 10 p.m. many judges will do what they can to ignore the issue. There are two contradictory statutes on the time of service. I know as I just finished a case where it was served after dark (one statute talks about day light hours) but before 10:00 p.m. (the other statute talks about a 10 p.m. cutoff. Which one do you think the judges follow.
Answer Applies to: California
Replied: 2/8/2012
Law Office of Anthony Sessa | Anthony Sessa
Yes, if you have a private lawyer to challenge the warrant on a motion to quash.
Answer Applies to: California
Replied: 2/6/2012
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Maybe and maybe not. It depends on what was obtained as a result of the warrant, is there a basis for a motion to suppress, would the loss of any evidence that is suppressed destroy the DA's case.
Answer Applies to: California
Replied: 2/6/2012
Law Office of Tracey S. Sang | Tracey Sang
I very seriously doubt that would happen. The only circumstance I could envision in which that would concern a court is if there was some very specific reason why the warrant needed to be executed at night. Even so, as long as the police can claim a good faith reason for executing the warrant when they did, the search will most likely stand.
Answer Applies to: California
Replied: 2/6/2012
Robert Mortland | Law Office of Robert Mortland
You can file a motion to quash and or traverse.
Answer Applies to: California
Replied: 2/6/2012
The Law Office of Stephanie M. Arrache | Stephanie Arrache
The case may have a good chance of getting dismissed if you fight it in the right way. You would need to argue that the warrant was invalid due to improper execution and file a motion to supress. If the evidenced seized is supressed, you would then need to argue that there was not enough probable cause for the arrest with the excluded evidence. If that is successful, the case may likely get dismissed.
Answer Applies to: California
Replied: 2/6/2012
Law Office of Joe Dane | Joe Dane
A California criminal search warrant must be executed (the search begun) before 10 p.m. unless it is endorsed for night service. If the warrant is not properly executed, it can lead to suppression of the evidence obtained.
Answer Applies to: California
Replied: 2/6/2012
Kennedy & Roe | Michael Kennedy
Cases are not inevitably dismissed because of 4th Amendment violations; evidence is suppressed because of such. If all of the evidence for the case came from a 4th Amendment violation, then dismissal might result. Off-hours searches are sticky issues that must be litigated knowledgeably and gingerly, which cannot be taught here, but there are ways to suppress the fruits of off-hours searches.
Answer Applies to: California
Replied: 2/6/2012
