Legal Question in Criminal Law in New Jersey
Validity of search warraant
My son's home was entered and searched by the local PD During the search, they discovered a small quantity of cocaine and marijuana. The warrant was issued on 5/15/06 at 4:30pm and the wording stated that the PD had ten (10) days to execute. The warrant was executed in the early morning hours of 5/26/06, 11 days after issue. Is the warrant still valid?
3 Answers from Attorneys
Re: Validity of search warraant
The warrant probably was not valid if it had expired, however that does not mean that there will be an automatic dismissal of the charge against your son. Unless somebody brings a motion to suppress the evidence, the case against your son will probably still proceed. I am an attorney who has handled many cases similar to this on in various courts in New Jersey in the past. I would like to discuss the case with you or your son in more detail. Please contact me at your convenience. There is never any charge for simply talking to me about a case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
Validity of search warraant
The warrant was no longer valid, R. 3:5-5.
Re: Validity of search warraant
If you know enough to ask the question you already know the answer. There is a reason for proving the date and TIME of the issuance of a search warrant. The authorization granted by the warrant terminated before the warrant was executed.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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