Legal Question in Criminal Law in Arizona
If a search warrant expired before it was served, can the case be thrown out?
1 Answer from Attorneys
If a search is conducted after the expiration period ordered by the judge, any evidence obtained may be suppressed. The rationle for an expiration of the time to search is the reasonableness of the information leading to discovering of the evidence much later. Any information acquired through the search that leads to other evidence may also be suppressed as the fruit of the poisonous tree doctrine. If the evidence obtained during the search could have been discovered by an independent source (other than by the search) the the evidence may be used.
The suppression of evidence does not necessarily result in a case being dismissed. It usually leads to the evidence not being used at trial. If other evidence is not available to prove the crime beyond a reasonable doubt, then the case might be dismissed by the prosecutor.
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