When the police want to search someone’s property, they need to get a search warrant. This should give them some instructions, such as specifying the address where the search will be executed or the part of the property the police are allowed to search. It may also note what type of evidence the police are looking for, demonstrating that there is a reason for the search warrant and that they are not just randomly looking for any evidence of criminal activity.
In addition, a search warrant may have a date on which it was issued and when it should be executed. But can this search warrant expire? If the police do not act quickly enough, could it become null and void?
A 10-day window
In Maryland, many search warrants are written with the instructions that they have to be executed within 10 days. The timer starts on the date that the search warrant is issued. If the police have still not used the search warrant after 10 days, then the warrant is void.
This could lead to some very interesting issues as you build your defense if you have been arrested and the police conducted a search of your home to gather evidence. Perhaps the warrant was initially valid and does list your home as the appropriate address, but if the police conducted their search 11 days after the warrant was issued, then it may still be an illegal search of your property. This could mean that any evidence they found has to be excluded from your case.
This helps to show why it is important to understand the specifics of search warrants and how the police are expected to conduct their investigation. You need to be well aware of your legal defense options at this time.