Legal Question in Criminal Law in California

Search Warrants

What is the LEGAL definition of Night, in regards to the direction of a search warrant. Search warrant states with check boxes either it to be a night/day search. Without a direction it is assumed to execute the search between 7:00am to 10:00pm. But if it specified by officer & judge checking the day search box, & they searched at 7:00pm and it was dark out. Dusk fell at 6:15pm. Is search legal? But need legal definition of " NIGHT." Thank you


Asked on 1/29/98, 4:29 am

1 Answer from Attorneys
Robert E. Drescher Law Offices of Robert E. Drescher

Definition of Night

Normally nigt is defined as 1/2 hour after dusk and 1/2 hour prior to sun up.

While this is the "traditional" definition, fighting a searchwarrant on these ground might be very difficult.============================================================If applicable to this message: "This transmission does not create an attorney-client relationship. I will not be representing anyone without a written agreement signed by all parties. Answers to questions are for general information only and should not be construed as legal advice in any particular jurisdiction. If you need legal advice for a specific legal problem seek the services of a knowledgable attorney in your area or locale."=============================================================

Read more
Answered on 1/30/98, 10:07 am


Related Questions & Answers

More Criminal Law questions and answers in California