Section 9 & 10 Time of Making Search Validity of Search Warrant
Rule 126- Section 9
Time of Making Search
GR: The warrant must direct that it be served in
the day time. Exception: Unless the affidavit asserts that the property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the day or night.
Rule 126- Section 10
Validity of Search Warrant- A search warrant
shall be valid for ten (10) days from its date.
Thereafter, it shall be void.
Mustang Lumber, Inc vs. Court of
Appeals Facts: A search warrant was secured on a certain date
and enforced the same on the same day.
But the raiding team could not finish the search in one day, so they postponed it.
Issue: Can you still continue tomorrow? Or must you
Stacy Anne Runung Hegarty v. National Transportation Safety Board Federal Aviation Administration Administrator, Federal Aviation Administration, 19 F.3d 33, 10th Cir. (1994)
Kevin K. Ogden v. San Juan County Detention Center Kob-Tv, Inc., Channel 4 Kobf-Tv, Channel 12 Farmington Dailey Times State of New Mexico City of Farmington, 104 F.3d 368, 10th Cir. (1996)
George Bruce Brodock v. Kansas Parole Board Kansas Secretary of Corrections Randy Kaufman Michael Straight Warren Barry Janet Valente Pepe, 1 F.3d 1249, 10th Cir. (1993)