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  1. #1
    Join Date
    Aug 2015
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    4

    Default Objecting to a Search Based on Delay in Execution of a Warrant

    My question involves criminal law in the state of: tx ok this is not for me. In this I cannot name names. What your about to read is serious. A friend recently was raided. They had just reupped across state lines..14lbs of weed..bag of at least 50 to 80 mdma pills and big bottle of hydrocodones.along of that took their 15k in cash. About 50k worth drugs he got caught with. Was in jail on 50k bond..friends bailed them out. Now has paid 10k for a lawyer. His lawyers argument is this..the cops did not search the house within the 72 hour mark. They searched it on a Monday right as he got back from reupping. His lawyer believes that since they didn't act in time..that this case will be dismissed. Any legit likley hood on that based on the evidence. Court date is in september..got caught in April. I'm preparing for the worst..he's going to prison. I'm sure most of the advice on here will be that advice. Worst of all they tried to get him to rat on anyone but he told them he was the head of it all. So what ya got for me. Thank you.

  2. #2
    Join Date
    Jul 2010
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    7,813

    Default Re: Drug Possesion/Distribution

    What 72 hour mark? Is re-upping slang for just went and bought a crap load of illegal substances to resell? With those kind of numbers, he's going to prison for a long time. If he knows anyone to rat out, it might help how long he is in prison for. Course if word gets out....

  3. #3
    Join Date
    Aug 2015
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    4

    Default Re: Drug Possesion/Distribution

    Reupping is a slang term for exactly what you think and yes when the fbi gets a search warrant you have 72 hours to act on it they went a day beyond that but he wasn't home either then in those 72 hours..it's once he came back he got caugh red handed. He literally has no one to really rat out..he was the head of it all. He told the investigators that after they threatened to kill his dog if he didn't release some kind of information. He's such an idiot..thinks his case will get dismissed

  4. #4
    Join Date
    Jul 2010
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    7,813

    Default Re: Drug Possesion/Distribution

    What authority do you have for the time restriction? I find no such restriction of 72 hours. I've found reference to 10 days but not 3.

    Unless he is manufacturing the stuff or is a crime lord, there's always someone else to rat out.

    Threatening to kill his dog? Now you're just being ridiculous. Bye.

  5. #5
    Join Date
    Aug 2015
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    4

    Default Re: Drug Possesion/Distribution

    Lol its what he told me. Sorry I'm not making it up. Yes he was equivalent to a crime lord. He did manufacturer in another state. Had help with it but yea. And his lawyer specifically said 72 hour search warrant..hey I'm just giving you info I know..I'm not looking for alot of backlash. This person is not just a friend he's my family and that's honestly why I care. Trying to prepare mentally him and myself for what's to come...cause he's way to far in denial

  6. #6
    Join Date
    Sep 2005
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    Default Re: Objecting to a Search Based on Delay in Execution of a Warrant

    The Texas "three day rule" is not a 72-hour rule:
    Quote Quoting Texas Code of Criminal Procedure, Art. 18.07. Days Allowed for Warrant to Run.
    (a) The period allowed for the execution of a search warrant, exclusive of the day of its issuance and of the day of its execution, is:

    (1) 15 whole days if the warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva samples;

    (2) 10 whole days if the warrant is issued under Section 5A, Article 18.21; or

    (3) three whole days if the warrant is issued for a purpose other than that described by Subdivision (1) or (2).

    (b) The magistrate issuing a search warrant under this chapter shall endorse on the search warrant the date and hour of its issuance.

    (c) If a warrant is issued to search for and seize data or information contained in or on a computer, disk drive, flash drive, cellular telephone, or other electronic, communication, or data storage device, the warrant is considered to have been executed within the time allowed under Subsection (a) if the device was seized before the expiration of the time allowed. Notwithstanding any other law, any data or information contained in or on a device seized may be recovered and analyzed after the expiration of the time allowed under Subsection (a).
    As the statute indicates, the three whole days are exclusive of the day of the warrant's issuance and the day of its execution.

  7. #7
    Join Date
    Jan 2013
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    372

    Default Re: Objecting to a Search Based on Delay in Execution of a Warrant

    The folks in this forum seem to be focusing on a "72 hr. mark", term used by the OP to describe what he was told by the accused who was told something by his lawyer. It may be better to focus on the fact (?) that a lawyer who is familiar with this case will argue that the search warrant was invalid for some reason. Nothing that the OP has stated changes that.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Objecting to a Search Based on Delay in Execution of a Warrant

    Since this is a federal case (he did infer that when he said the FBI has 3 days to execute a search warrant) op might want to investigate the win/loss ratio of cases the fed prosecutes. It is extremely high and it is that way because they tend to be pretty good about not screwing up with things like the time to execute s search warrant.

    And if if this is a federal case; anybody know the applicable federal rule?

    in a very quick look it appears they have 14 days to execute a warrant

    and if all they had was based on the search warrant and there was any real validity to the suppression argument, it almost assuredly would not have gone on this long. A suppression hearing would have been dealt with long long ago.

  9. #9
    Join Date
    Jan 2013
    Posts
    372

    Default Re: Objecting to a Search Based on Delay in Execution of a Warrant

    "and if all they had was based on the search warrant and there was any real validity to the suppression argument, it almost assuredly would not have gone on this long. A suppression hearing would have been dealt with long long ago. "

    An excellent point. Is there any reason why the matter would not be brought up quickly? The accused is out on bail.

  10. #10
    Join Date
    Aug 2015
    Posts
    4

    Default Re: Objecting to a Search Based on Delay in Execution of a Warrant

    That's interesting. The person is my family member I'm not related put it that way. I'm wondering if he's lieing now. Not only that but he went to Vegas this past weekend and it raised all of our suspicions. Something is not adding up. I heard word for word from him what he got caught with..what happened. Now there are red flags being raised. His "court date" is for this month. I was more involved... Now I've distanced myself cause it makes me to emotional.

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