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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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How long do the police have to execute a search warrant before

Resolved Question:

How long do the police have to execute a search warrant before it expires?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Samuel II replied 7 years ago.



is this a warrant from a state court or federal jurisdiction? if state, which one?

Customer: replied 7 years ago.
State warrant
Expert:  Samuel II replied 7 years ago.



it shall be executed within 10 days from the date of the issuance -below are the laws from CA Code.



1533. Upon a showing of good cause, the magistrate may, in his or
her discretion, insert a direction in a search warrant that it may be
served at any time of the day or night. In the absence of such a
direction, the warrant shall be served only between the hours of 7
a.m. and 10 p.m.
When establishing "good cause" under this section, the magistrate
shall consider the safety of the peace officers serving the warrant
and the safety of the public as a valid basis for nighttime

1534. (a) A search warrant shall be executed and returned within 10
days after date of issuance. A warrant executed within the 10-day
period shall be deemed to have been timely executed and no further
showing of timeliness need be made. After the expiration of 10 days,
the warrant, unless executed, is void. The documents and records of
the court relating to the warrant need not be open to the public
until the execution and return of the warrant or the expiration of
the 10-day period after issuance. Thereafter, if the warrant has
been executed, the documents and records shall be open to the public
as a judicial record.
(b) If a duplicate original search warrant has been executed, the
peace officer who executed the warrant shall enter the exact time of
its execution on its face.
(c) A search warrant may be made returnable before the issuing
magistrate or his court.



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