Legal Question in Criminal Law in California

can someone's house get raided at 2PM in the afternoon while the owner of the house is not in? the warrant papers they showed him was dated a week prior to the day that they had raided the house.....is that also ok?


Asked on 8/21/09, 3:22 am

2 Answers from Attorneys
Joe Dane Law Office of Joe Dane

Search warrants are valid for 10 days from the date they were issued, so the one week from issuance to service in your case appears valid (but I would have to review the actual documents to verify).

Search warrants are to be served between 6 am and 10 pm unless endorsed for night service by the judge. Yes, they can serve a search warrant if you're not there.

Whatever the investigation that led to your house being searched pursuant to a search warrant, I'd strongly suggest you not make any statements and get a criminal defense attorney. I practice in Orange County - let me know if you want to discuss things further. See my website for my qualifications:

www.joedane.com/about

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Answered on 8/21/09, 2:32 pm
Terry A. Nelson Nelson & Lawless

Can they? You said they 'did' already. Now, if you are charged with a crime, your attorney will determine if there are any grounds to suppress evidence that may have been obtained, if illegally / improperly done. If you are serious about getting legal defense in this, feel free to contact me.

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Answered on 8/21/09, 2:40 pm


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