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Yes, an occupant or resident is not required to be present when a search warrant is served.

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Q: If you are not home when a warrant is served can the police contact landlord in order to enter?
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Is there a limitation on how long police will arrest on misdemeanor warrant in California?

No. An arrest warrant is valid until it is served or cancelled by the court.


Can a city police officer serve warrant out of city?

Yes, they may accompany officers of the jurisdiction in which the warrant is being served and who will actually effect the arrest.


How long can a police officer hold on to a warrant?

A search warrant has a time limit set by the issuing court, often a week or less. An arrest warrant is valid until served or cancelled. Many last for years.


If police come to your home claiming to have a warrant for your arrest and you request that they physically present the warrant to you is it required that they do so in Colorado?

No. The service of a warrant when the officers are notified by telephone or radio has been repeatedly upheld. The burden on law enforcement of requiring them to present a physical warrant would be unreasonable, most particularly when a very large percentage of warrants are served during unexpected encounters between police and the subject of the warrant.


Is there a time limit that police have to file an indictment after a warrant is served?

The police do not file indictments. They apply for and/or receive the warrant, arrest you, and present you to the prosecutor and court - usually, by law, within 72 hours after arrest. After that it becomes the courts responsbility to move the case forward.


Police left search warrant homeowner were not home it was served?

No problem. It's lawful. That's why they left a copy of the warrant. There is no requirement that someone be there when the premises is being searched. The authorities were obviously looking for WHAT was in the home and not WHO was in the home.


Will a cop come and arrest you on a bench warrant?

Yes, they can. Bench warrants are usually served by Marshalls or Constables not regular police. See Discussion page


If the police search your house with a search warrant are they allowed to return to the premises to search again with the same warrant?

If the police department secured the residence, and maintained security of the residence, they may search it however many times they like, within reason. However, as soon as the department relinquishes authority over the premise, the warrant has been served, thus a new entry would require a new warrant.


What happens if a search warrant is is lost by the police after the search?

It's generally required that a person with whom is being searched or having their property searched under the terms of a search warrant be served with a copy upon the beginning or completion of a search. If the warrant was lost you could request a copy from the clerk of courts. You may be able to also have the evidence suppressed because you were not properly served with a copy of the warrant upon the beginning or ending of a search.


Do police have to fill out your copy of the search warrant?

You don't get a copy of the search warrant unless you are the owner or legal inhabitant of the premises on which the warrant was served. Then (according to the laws of your jurisdiction), at the conclusion of the search you may get a copy of the warrant along with the list of seized items.


Can a search warrant on a private residence be served after ten oclock at night in Oklahoma?

A warrant can be served at any time and many actually ARE served at late and unusual hours, because that's when the police can be pretty sure that they will find who, or what, they want at the premises. Also, there is an added advantage in that the people in the residence are likely to be groggy, confused, and less likely to put up any resistance.


An arrest warrant must be served within how many days of it's issuance?

an arrest warrant must be served within 30 days of the missed time of the appointed court date, but it depends on the charge and how many warrants you have in the system. The warrant is in effect when you do not make another appointment within the 30 days or turn yourself into the local police station, if not stay on the move. Do the right thing.