NCJ Number
4973
Journal
FBI Law Enforcement Bulletin Volume: 41 Issue: 7 Dated: (JULY 1972) Pages: 12-15
Date Published
1972
Length
4 pages
Annotation
FEDERAL AND STATE JUDICIAL DECISIONS, STATUTES, AND CONSTITUTIONAL MANDATES ON THE REASONABLENESS OF DELAYS IN THE EXECUTION OF SEARCH WARRANTS.
Abstract
OFFICERS HAVE ONLY LIMITED DISCRETION IN DECIDING WHEN TO EXECUTE A SEARCH WARRANT. THE WARRANT MUST BE EXECUTED WITH REASONABLE PROMPTNESS AFTER ISSUANCE. EVEN WHERE A STATUTORY PERIOD IS ALLOWED, OFFICERS MAY BE REQUIRED TO EXECUTE THE WARRANT PRIOR TO EXPIRATION OF THAT PERIOD. SOME REASONS FOR DELAY HELD ACCEPTABLE BY COURTS ARE TO EFFECT THE ARREST OF DEFENDANTS, PREVENT DESTRUCTION OF EVIDENCE, PRECLUDE THE FLIGHT OF A SUBJECT OR ACCOMPLICES, GATHER SUFFICIENT MANPOWER FOR THE SEARCH, PROTECT THE SAFETY OF SEARCHING OFFICERS, AND AWAIT THE ARRIVAL OF A PERSON AT PREMISES TO BE SEARCHED, WHERE BOTH ARE NAMED IN THE WARRANT. IN ADDITION, WEATHER, TRAFFIC, ROAD, AND TRAVEL CONDITIONS WILL PERMIT REASONABLE DELAY. AUTHOR ABSTRACT