if it states on the warrant "to be served during the day" does this mean it must be served during the day?
2007-02-12 05:39:36 · 9 answers · asked by rick s 2 in Politics & Government ➔ Law Enforcement & Police
Your question is not a dumb as some seem to think, and citicop is right. The word "day" is ambiguous in the law, and there will almost always have to be some definition of the word. In California, unless a search warrant is endorsed for nighttime service, it must be served between 7 a.m. and 10 p.m. (Pen. Code section 1533.) So obviously, in this context, "night" does not mean "after sundown." Of course, without knowing your jurisdiction, I cannot know what "day" means there.
2007-02-12 10:30:59 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Of course, if that is stipulated in the warrant.
However, "during the day" could have several meanings. If could be a set number of hours (6 am - 8 pm, for example) or it could mean sunrise to sunset. Sounds like it was designed to keep the warrant from being served at 3 am and minimizing the disruption on the persons being served.
2007-02-12 05:45:58 · answer #2 · answered by Citicop 7 · 1⤊ 0⤋
Two types of search warrants I've dealt with have included "to search during the day" and "to search anytime during the day or night" which the latter example is normally done with drug cases.
Typically, daytime searches are for documents or property that won't necessarily go away.
Drug warrants, on the other hand, are different as drug offenses occur during day and night in addition to the fact that the drugs are more easily moved from one to another!
Best wishes!
2007-02-12 05:48:23 · answer #3 · answered by KC V ™ 7 · 0⤊ 0⤋
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2016-05-19 12:22:31 · answer #4 · answered by Anonymous · 0⤊ 0⤋
A search warrant is issued by a judge and signed for a specific date. It must be carried out on that date, regardless of what time of day it is. If it is not, a new warrant must be obtained.
2007-02-12 05:45:45 · answer #5 · answered by Lorenzo Steed 7 · 0⤊ 2⤋
Makes sense to me. What does the word "day" mean? Ordinary daytime hours I guess.
2007-02-12 05:43:29 · answer #6 · answered by P W 3 · 0⤊ 0⤋
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2016-10-02 00:42:20 · answer #7 · answered by ? 4 · 0⤊ 0⤋
No, it means "only at night."
See, that warrant was issued on opposite day, and therefore it states the opposite of what it means.
Is this for real, or are you really that dumb?
2007-02-12 05:47:49 · answer #8 · answered by Anonymous · 2⤊ 2⤋
24 hour period.
2007-02-12 05:49:34 · answer #9 · answered by Anonymous · 0⤊ 2⤋