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LawTalk, Lawyer
Category: Criminal Law
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Experience:  30 years legal experience
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On the 27th day of the month an undercover officer employed

Resolved Question:

On the 27th day of the month an undercover officer employed by the county alledgedly videoed illegal alcohol activity in a dry county. On the 10th of the following month at approximately 3:30 pm a judge signed a search and seizure warrant. At approximately 10pm the police raided the facility. Was this warrant timely?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  LawTalk replied 7 years ago.
Good morning,

I'm sorry to hear of your dilemma.

There is no particular time in which the police must apply for a search warrant after witnessing a crime. In fact, it is likely that there were other aspects of the investigation which took place between the time the videotaped surveillance on the 27th and the warrant being sought took place. The issue of timeliness comes into play following the issuance of the warrant---and in this particularly, there is little doubt but that the warrant was timely served.

I see absolutely no problem with any aspect of the investigation and service of the warrant as you have described the facts.

I wish you the best in 2010.

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