Legal Question in Criminal Law in California
search warrant
If the date on the search warrant is a year old, is it valid?
Asked on 5/01/07, 1:07 am
1 Answer from Attorneys
Eric Sterkenburg
Law Office of Eric Sterkenburg
Re: search warrant
California Penal Code section 1534 states; "A search warrant shall be executed and returned within 10 days of issurance. A warrant executed within the 10-day period shall be deemed to have been timely executed... After the expiration of 10 days, the warrant, unless executed, if void."
Therefore, a warrant served one year after issuance is Void and not valid.
Answered on 5/02/07, 6:01 pm
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