If a search warrant, in California, states that a “night search” is not approved, what is the definition of night in the eyes of the courts?
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If a search warrant, in California, states that a “night search” is not approved, what is the definition of night in the eyes of the courts?
A search warrant was obtained 1 day prior to the execution and the judge did not approve a night search. However, the search warrant was executed at 9:00pm. Isn’t that considered a night search?
Asked on June 14, 2009 under Criminal Law, California
Answers:
Cedric Joseph Severino / Law Offices of Cedric Joseph Severino
Answered 15 years ago | Contributor
Actually, night is considered by the courts to be the same as night considered by the rest of the world. It means anytime after sunset to sunrise, therefore, if a warrant were not granted for a night search and was not served till 9:00 p.m., it violated the condition of the warrant. However, while it is worthwhile to challenge this under a 1538.5 Motion to Suppress, it is unlikely that the products of the warrant will be excluded based on the violation of the night condition--so long as the warrant itself was based on sufficient probable cause.
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