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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32154
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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A search warrant was signed by a judge at 9 42 p.m. Night ...

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A search warrant was signed by a judge at 9:42 p.m. Night service was specifically denied, so it had to be served within 18 minutes of its signing. I cannot even read the judge''s signature to know who signed it. How do I get the facts to find out who signed it and where it was signed. If the service actually started after 10 p.m. (which is likely but not impossible) does the search warrant automatically get thrown out and evidence excluded? The request for police report was denied. I would like to have the answers before the preliminary. Actually, what I would like is for the search warrant to be thrown out at preliminary and the case never go to court.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 8 years ago.
If the document doesn't cointain the judge's information on its' face, when the case is actually filed a copy of the affidavit and application for the search warrant should be contained in the court's file. Your lawyer can also get a copy of the all of the pertinent information during the discovery process.

You can try to have the evidence suppressed due to a bad warrant but it rarely works. Your case may be a candidate though since there was a specific time on the warrant. The key time is when the warrant was served. Warrants aren't "automatically thrown out". You file a motion to suppress the evidence and the judge hears all the facts and then rules.

Baylor Law School. 16 years practice, including criminal law.

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