Legal Question in Criminal Law in California

Help... search warrant and ''72 hour period '' question

My fianc� is currently being held at West County Detention Facility on the charge of Possession of Dangerous Drugs for Sale. The arrest took place in a motel room, which was not registered in his name or even rented for him, however at the time this all took place; he was the only person in the room. There was a search warrant with his name on it, the address of the motel and the room number. Apparently there is an informant involved.

The warrant was signed by judge; however there is no official stamp, seal, embossment or anything else on it. Maybe I�m wrong, but shouldn�t there be something other than just a signature making it official?

And, once someone is taken into custody they must be seen by a judge within 72 hours, what I�m wondering is, if an arrest was made on a Tuesday at 6:08pm, when would the 72 hour period expire? There were no official holidays the week this all took place.


Asked on 5/29/07, 3:27 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Help... search warrant and ''72 hour period '' question

Prudent drug dealers set aside money for attorney fees so that, if and when they are arrested, their attorneys can pick apart search warrants. I doubt the claims you are raising will be of much interest to the public defender. The best way to avoid arrest is not to sell drugs to undercover cops (or to find another occupation). And what does this situation say about your choice of boyfriends?

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Answered on 5/29/07, 1:11 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Help... search warrant and ''72 hour period '' question

Weekends and holidays are not included in calculating the 72 hour period.

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Answered on 5/30/07, 9:53 pm


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