Skip to main content

Is a search warrant valid if the date on the attached affidavit is signed by the judge 2 days AFTER the search was done ?

Ashland, MA |

The Warrant itself was signed was 2 days before the search. However the date on the accompanying supportive Affidavit, was signed 2 days AFTER the search was conducted. My attorney thinks that the courts may try and just say it was a typo. The police refused to let me see the search warrant when the search occurred. I did not get to see it until a full week after the search, so I am suspicious that something was initially wrong with the paperwork at the time the search was conducted.

+ Read More

Attorney answers 5

Best Answer

It may be a typo--what do you do if the judge swears that he approved the search warrant on the day of or before the search, but didn't physically sign the warrant until after? Take the direction of your lawyer.

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia


No. You need to be represented by an attorney to fight any charges that result from the search. Also, your right to privacy may have been invaded illegally so you may have a civil rights claim. There are limits on what law enforcement can do, and many search warrants are quashed, but a review by a legal authority must be conducted to determine whether this is one of those situations. Good luck.

Providing users with information is not intended to create an attorney/client relationship. However, if in reading my response, you are interested in retaining me to represent you, please do not hesitate to contact me.


Without seeing the document, I would sense that your attorney is

Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.


It is possible it was a typo or it can be something larger. Work with your attorney. If you are not happy with there representation seek out and retain a different attorney.

This is not intended as legal advice and does not create an attorney-client relationship.


Your attorney has all the case documents and is in a much better position to advise you than any advice you can get on the internet (even from this highly-qualified group of commentators). If you want a second opinion, consult with a criminal defense lawyer in person. Bring a copy of the warrant documents with you to the meeting. If you do not have the documents, you are entitled to get a copy from your current attorney.

Questions and answers on Avvo are not confidential and do not establish an attorney-client relationship. Do not post confidential informaiton on a public forum.