Legal Question in Criminal Law in California

how long does a search warrant remain active before it is served?


Asked on 3/02/12, 1:27 am

4 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Probably a "reasonable" time which is going to vary depending upon the circumstances. The warrant itself might state a time limit.

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Answered on 3/02/12, 2:29 pm
Joe Dane Law Office of Joe Dane

With all due respect to the previous answer, it is dead wrong.

Search warrants expire 10 days after signed by the judge. If they do not serve it within that time, they must get a new warrant or "refresh" the expired one, but it takes a judge to authorize either.

If you're asking about arrest warrants, then the answer is never. Arrest warrants don't expire and will remain active until served or recalled by the court that issued it.

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Answered on 3/03/12, 12:23 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Dane. A search warrant must be executed within 10 days of the date it bears and after the ten days it because void and valueless. (Pen. Code, sect. 1534.)

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Answered on 3/04/12, 2:57 pm


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