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Search Warrant Was Served After It Expired

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  • 10-24-2007, 10:51 AM
    candj101
    Search Warrant Was Served After It Expired
    I was served a search warrant on September 13, 2006 in Medford, Oregon. My Public Defender recommended that I take a plea for a grid I-8 felony and the DA would dismiss the other two charges. She said she wouldn't fight it and suggested I get outside representation if I wanted to. I couldn't afford to do that so I took the deal. However, I have since noticed that at the bottom of the search warrant, just above where the judge signed it, this statement is checked:
    this search warrant may be executed "more than five (5) days" but not more than ten (10) days from the date of issuance.

    The part of the statement that's in quotes and underlined was crossed out and the words "at any time" is written above it and initialed by the judge. The statement now reads: this search warrant may be executed "at any time" but not more than ten (10) days from the date of issuance.
    The warrant is dated and signed by the judge on the 8th day of August 2006 at 11:33 o'clock am. It was served on me 35 days later.

    Question: Since it was served on me more than ten days after issuance, is the warrant still valid and if it isn't, does that make any and all seizures and court actions null and void? Is this a basis to have my conviction overturned and expunged?
  • 10-24-2007, 11:02 AM
    cdwjava
    Re: Search Warrant... Valid or Invalid
    Since you have already plead guilty on the matter, you may well have tossed aside any chance you have to challenge the warrant.

    Have you been sentenced, yet? Have you asked your attorney about this? There may be a lawful reason or exception for the extension that you are unaware of.

    If you have plead and been sentenced, you are likely out of luck. You might consider hiring an attorney to handle an appeal, but this may not get you anywhere ... though it might be worth a few hundred dollars to find out.

    - Carl
  • 10-24-2007, 11:06 AM
    aaron
    Re: Search Warrant... Valid or Invalid
    The search took place how many days after the warrant was issued?
  • 10-24-2007, 12:00 PM
    candj101
    Re: Search Warrant Was Served After It Expired
    35 days afterwards. I had a public defender
  • 10-24-2007, 02:21 PM
    aaron
    Re: Search Warrant Was Served After It Expired
    As cdwjava indicates, then, you need to discuss this with your lawyer.
  • 10-24-2007, 04:26 PM
    candj101
    Re: Search Warrant Was Served After It Expired
    I plead not guilty to all charges originally. The DA offered a deal that my public defender said was the best I was going to get. Without any financial backing, I took the deal. I'm on 3 years supervised probation that has been reduced to minimal supervision, which is good. I guess. If I have a leg to stand on here, I would happily do the leg work (no pun intended).... and find the cash if needed. Thanks for your help. It's appreciated.
  • 10-24-2007, 05:36 PM
    aaron
    Re: Search Warrant Was Served After It Expired
    As cdwjava indicates, the guilty plea is sufficient to support your conviction. You can try to find a criminal defense lawyer who can review your case to see if you have an "ineffective assistance of counsel" claim, and how much it would cost to try to revisit your guilty plea on the basis of such a claim. Even that may not be enough to get your plea set aside.
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