How Long Does It Take To Serve A Warrant | Details About Warrant
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When you get a search warrant, your first thought is probably that it will be quick. After all, how long can it take to go into a house and check for illegal items? Unfortunately, that’s not always the case. Depending on the circumstances of the search and how many people are involved in executing the warrant, it could take a while before everyone finishes going through every room of the home. So how long does it take to serve a search warrant?
Time is of the essence when you receive a search warrant. If someone knows about your illegal activities and finds out about your location, there could be an immediate risk to your safety and security.
The quicker you can get everything cleared out of your home so that no one else has access to any incriminating evidence, the better off you’ll be. However, even if you do everything correctly from start to finish and follow all the requirements set forth by law enforcement during execution, you still might have problems getting out as soon as possible. Here’s everything you need to know about serving a search warrant quickly
How Long Does It Take To Serve a Warrant?
The time needed to issue a warrant depends on the evidence available within a week or a year, or it can be signed immediately. The delay is usually the abundance of evidence, the requirement for proof, and the speed at which law enforcement wants a warrant.
What is a Search Warrant?
A search warrant is a document that authorizes law enforcement officers to enter your home and conduct a search. A judge issues them, and they’re the last resort after the police have exhausted all other means of apprehending you. If you are suspected of committing a crime, the police will issue a search warrant.
The purpose of a search warrant is to find evidence of criminal activity to help convict the person who committed the crime. Search warrants are issued by a judge only after the police have exhausted all other ways of apprehending the person.
You can’t just walk into the judge’s chambers, find a warrant, and then leave. You have to be vetted first. The judge will want to make sure you have a good reason for being there, such as having information that can help solve a crime or bringing evidence with you that will incriminate the person who committed the crime.
How to Serve a Search Warrant Quickly
The first and most important thing you can do to serve a search warrant quickly is to have a good reason for wanting to do it quickly. What you consider a good cause may be different from what someone else finds a good reason.
So, while you can serve a search warrant soon if you know that the police are acting illegally and you want to protect yourself from getting caught up in their illegal activity, that’s not always the case. To serve a search warrant quickly, you’ll want to follow the same steps you would take if you were executing a regular search warrant.
- You’ll need to be aware of some of the differences, though. All searches are done by a judge’s order, not by a police officer’s. If you’re serving a search warrant, most likely it’s because a judge issued it, so you will need to be careful.
- When you get a search warrant, you’ll need to go to the judge’s chambers and get the warrant. Then, you’ll need to go to the person’s home that the warrant allows you to go to and serve the warrant.
- If the person doesn’t allow you in, you’ll need to get another judge’s order to enter. This is when you’ll want to be as specific as possible with your request. You might want to ask the judge for permission to enter the home, go upstairs, take one item, take one specific thing, or stay for a certain amount of time.
- If the person opens the door and lets you in, you’ll go through the same process as if you were executing a regular search warrant. You’ll be looking for incriminating evidence.
Things That Can Slow Down a Search Warrant Execution
- While the things we’re about to discuss can make it more challenging to get a search warrant served, they’re also things that you can guard against to serve a search warrant quickly.
- The person who lives at the address on the search warrant has to let you into the house and then let you search it. That’s why ensuring you’re getting it to the right person is essential.
- If the person who lives at the address doesn’t allow you in, you’ll need to get another judge’s order to enter and then go through the same process as if you were executing a regular search warrant.
- If the search warrant is for a warehouse, you may have trouble finding the right person to serve it on.
- If the search warrant is for a house, ensure you get to the person who lives at the address the search warrant is for.
- You may find that you must go back to the judge’s chambers to get another order to allow you to enter. This can be frustrating and inconvenient.
Importance of Being Flexible During the Execution of a Search Warrant
Being flexible is one of the biggest keys to quickly serving a search warrant. This is when you’ll want to think about what you can do to make it easier to serve the warrant. If you don’t have a car and the person who lives at the address the warrant is for doesn’t let you use theirs, you’ll have to find another way to get there.
You’ll want to consider what you can do to make it easier to serve the warrant. You can also ensure you have food and water so you don’t have to wait long before you get to the judge’s chambers. This is when you’ll want to consider bringing someone along to help you serve the warrant.
You’ll want to ensure you can help the other person if he or she gets hurt during the execution of the warrant.
Tips for Serving a Search Warrant Quickly
- Get to the judge’s chambers as quickly as possible after receiving the warrant. You may want to take a different route than you usually would get there. If you’re driving, try to avoid using significant streets. Instead, it would help if you used back roads and side streets.
- Ensure you have all the correct paperwork when you get to the judge’s chambers. You should also bring any supporting evidence that will help support your request.
- Make sure you’re in good physical condition and clothing. Make sure you have food and water with you. Make sure you have a change of clothes and something to wear if you get injured during the execution of the warrant.
- Make sure you have a way of calling for help if you injure yourself. You may want to bring your phone with you.
- Ensure you know how to engage the alarm and disengage it. You may want to ask someone who knows how to do this.
- Make sure you know how to use any weapons you’re carrying. This is something to consider even if you don’t think you’ll use a weapon while serving a search warrant.
What you’ll need for Service of a Search Warrant
- The search warrant
- A pen
- Paper and a notepad
- A flashlight.
- Caffeine or something to take down the effect of the caffeine.
- Food and water.
The magistrate will serve the warrant if you have a warrant out for your arrest and have been arrested by the police. Performing a contract may take days, weeks, months, or even years.
It all depends upon many factors, including how quickly you can be located, whether other warrants are also outstanding, where you are, what type of offence you’ve been charged with and how easy it will be to find you.
Once the magistrate has served the warrant, you will go before the court and stand trial. You will be charged with the offence you were arrested on, which may range from a traffic ticket to a serious felony like drug trafficking. The chances are good that you will be convicted and sentenced to a lengthy prison term.
I am Raymond W. Reeder a practicing lawyer, as well as an expert in criminal law, civil law, corporate law, and intellectual property.
I am currently writing for Legal Fact Pro my own blog site where I share my expertise and knowledge to help people out with their queries. I am a trial lawyer who combines pragmatism, charisma, and dedication to deliver strategic advice and counsel to policyholders and, when necessary, provide record verdicts in state and federal court in insurance coverage cases, IP litigation, and commercial matters.
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