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What constitutes a valid New York search warrant?

| Mar 20, 2015 | Criminal Defense |

Criminal procedure laws are put into place in order to protect the rights of an individual who has been accused of a crime and to ensure that individuals are not unjustly treated. One such law involves the legality of a police search or seizure. As part of the investigation or arrest process, police in New York may need to obtain a search warrant in order to search a particular building or person. According to New York Criminal Procedure Code, Section 690.05, the purpose of obtaining a search warrant is to allow police to seize property or to arrest a person. However, there are certain types of information that a valid search warrant must contain.

New York Criminal Procedure Code, Section 690.45, lays out the information regarding the necessary content of a search warrant. First of all, a valid search warrant must contain several names: that of the officer seeking the warrant, that of the issuing court and that of the issuing judge, along with the date and time that the judge issued the search warrant.

A valid search warrant also must describe the location or person at issue in the search, providing sufficient information to identify the object of the search with certainty. There is also a set timeframe in which the search may take place, generally between 6:00 a.m. and 9:00 p.m. There must be no unnecessary delay in obtaining the warrant.

As these requirements show, it is important for a search warrant to be properly executed. It is within an individual’s right not to be subject to an illegal search or seizure. If a person believes that he or she has unlawfully been subjected to a search or seizure without a valid warrant, he or she may want to seek advice as to how to handle the situation. With the help of a criminal defense attorney, persons who are subject to an illegal search may be able to protect their rights.

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