Are There Time Limits for a Search Warrant in North Carolina?
- NCGA 15A-258
- Must be Executed
- Within 48 hours from the Time of Issuance
- Otherwise “Void”
- Must be marked “Not Executed”
- Returned without Unnecessary Delay
A search warrant is like a bunch of bananas or an apple in the sense that they go bad after a while – Bill Powers
Search warrants require Probable Cause to believe a crime has been committed – Bill Powers
Presently, there is NOT a Good-Faith Exception to the Exclusionary Rule – Bill Powers (February 2016)
Modified Transcript of “Are There Time Limits for Search Warrants?” for the Hearing Impaired
A search warrant is like a bunch of bananas or an apple in the sense that they go bad after a while.
The easy way to remember this is this Chapter 15A-248. I remember this because I think of 48.
A search warrant has to be served or executed within 48 hours of its issuance. After that, it’s considered not valid anymore.
What we’re trying to do is protect the materials that are to be seized, the items to be searched, within a relatively narrow time frame to make sure that police just don’t get to come in anytime they wish.
Under Chapter 15A-248, it sets forth the time as 48 hours.
If you have questions about search warrants, about when they took place, how they took place, why they took place, give us a ring.
We offer a free confidential consultation.
I look forward to hearing from you.
2412 Arty Avenue
Charlotte, NC 28208
Bill Powers has also been listed in “Top 100 Criminal Defense Lawyers in North Carolina” by The National Trial Lawyers.
For member info & criterion for inclusion see: https://www.thenationaltriallawyers.or…