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If the search warrant is not returned to the judge within 3 days as stated is it void? or the statue on the warrant is invalid?

Gilbert, AZ |

my house was searched and recently i noticed that they returned the warrant 7days after the warrant said it needed to be returned. it also stated per ars 13-1318 but that is not a statue?

Attorney Answers 4

  1. While I do not practice in your state, as a general rule, any executed warrant must be returned to the court clerk and filed in a timely fashion, consistent with the statute. Usually that means 72 hours or three days.

    What you may be dealing with is an exception to that generalized statute that may allow a longer time to file the return, however, check with a local attorney just to make sure.

    Good luck.

  2. The failure to return the warrant as required does not void or invalidate any evidence that is obtained. Sorry. They fail to turn in warrant returns in Texas all the time.

  3. A.R.S. 13-3918. Time of execution and return

    A. A search warrant shall be executed within five calendar days from its issuance and returned to a magistrate within three court business days after the warrant is executed. Upon expiration of the five day period, the warrant is void unless the time is extended by a magistrate. The time for execution of the warrant may be extended for no longer than five calendar days. The documents and records of the court relating to the search warrant need not be open to the public until the return of the warrant or the warrant is deemed void pursuant to this section unless a magistrate orders the time to be shortened or lengthened for good cause. 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.

  4. A.R.S. 13-3925. Unlawful search or seizure; admissibility of evidence; definitions

    A. Any evidence that is seized pursuant to a search warrant shall not be suppressed as a result of a violation of this chapter except as required by the United States Constitution and the constitution of this state.

    B. If a party in a criminal proceeding seeks to exclude evidence from the trier of fact because of the conduct of a peace officer in obtaining the evidence, the proponent of the evidence may urge that the peace officer's conduct was taken in a reasonable, good faith belief that the conduct was proper and that the evidence discovered should not be kept from the trier of fact if otherwise admissible.

    C. The trial court shall not suppress evidence that is otherwise admissible in a criminal proceeding if the court determines that the evidence was seized by a peace officer as a result of a good faith mistake or technical violation.

    D. This section does not limit the enforcement of any appropriate civil remedy or criminal penalty in actions pursuant to other provisions of law against any individual or government entity found to have conducted an unreasonable search or seizure.

    E. This section does not apply to unlawful electronic eavesdropping or wiretapping.

    F. For the purposes of this section:

    1. "Good faith mistake" means a reasonable judgmental error concerning the existence of facts that if true would be sufficient to constitute probable cause.

    2. "Technical violation" means a reasonable good faith reliance on:

    (a) A statute that is subsequently ruled unconstitutional.

    (b) A warrant that is later invalidated due to a good faith mistake.

    (c) A controlling court precedent that is later overruled, unless the court overruling the precedent orders the new precedent to be applied retroactively.

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