QUESTION
Is there a statute of limiations on evidence found through a search warrant?
Asked on Aug 16th, 2011 on Criminal Law - New York
More details to this question:
If someone found incriminating evidence due to a search warrant and you were taken into custody but havent been booked on any charges nor fingerprinted because the arresting officers wanted you to work for them as informants so no evidence has been filed or booked, is there an statue of limitation to how long can the with hold the evidence before the file charges?
23 ANSWERS
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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All the statute of limitations applies to is the timeframe for which the prosecutor has to file charges. The prosecutor has the amount of time the statute allows to file charges from the date of the offense. Usually the police will hold on to any evidence during the duration of this in case the prosecutor decides to file charges.
Answered on Aug 24th, 2011 at 4:25 PM
Yes there is. How long that is depends on the charge.
Answered on Aug 19th, 2011 at 9:18 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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The statute of limitations (SOL) is 1 year for misdemeanors and generally 3 years for a felony unless it is murder or sexual assault.
Answered on Aug 19th, 2011 at 8:43 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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It would be 6 years.
Answered on Aug 18th, 2011 at 7:47 PM
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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There are different statute of limitations for the filing of different charges.
Answered on Aug 18th, 2011 at 1:42 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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No. Any applicable statute of limitations would be as to the potential underlying charge. Whether or not evidence is admissible ultimately rests upon how it was obtained, chain of custody, etc.
Answered on Aug 18th, 2011 at 1:08 PM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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3 years.
Answered on Aug 18th, 2011 at 11:39 AM
The statute of limitations on most criminal charges is 6 years.
Answered on Aug 18th, 2011 at 9:13 AM
Criminal Defense Attorney serving Seattle, WA
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Eric Schurman Attorney at Law
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Yes and it depends upon the nature of the charge.
Answered on Aug 18th, 2011 at 6:47 AM
It depends upon what criminal charges they might file. In most cases there is a 3 year statute of limitations for felony drug offenses and a one year statute for misdemeanor drug offenses.
Answered on Aug 18th, 2011 at 6:33 AM
Statute of limitations applies to charges, not evidence.
Answered on Aug 18th, 2011 at 5:46 AM
Assault and Battery Attorney serving Tacoma, WA
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Michael Maltby, Attorney at Law
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The statute of limitations pertains to whether they can charge you with a specific crime. There is no time limit for use of evidence per se. They can use the evidence if they can charge the crime.
Answered on Aug 18th, 2011 at 5:04 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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There is a statute of limitations for many offenses. It is not based on the warrant, but rather, it is based on the potential charge. Without knowing the offense, the statute of limitations which applies cannot be determined I hope that this was helpful.
Answered on Aug 18th, 2011 at 5:02 AM
No, there is no statute of limitations on evidence. There may be statute of limitations on the criminal charge however. The statute of limitations for most offenses in Michigan is 6 years. Some crimes have longer times and some crimes, like first degree murder for example, have no statute of limitations.
Answered on Aug 17th, 2011 at 4:54 PM
No, it all depends on what potential "charge(s)" the evidence gathered can garner. Each charge has a different S of L.
Answered on Aug 17th, 2011 at 4:36 PM
Michael J. Breczinski
It depends on the nature of the crime there are different statute of limitations for different types of crimes. Consult an attorney. Most statute of limitations are in the nature of years long periods.
Answered on Aug 17th, 2011 at 2:18 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes. But it has nothing to do with when they discovered the evidence. It's from the commission of the crime.
Answered on Aug 17th, 2011 at 2:04 PM
Criminal Law Attorney serving Syracuse, NY
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Raymond J. Dague, PLLC
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The felony statute of limitations for drugs is 5 years.
Answered on Aug 17th, 2011 at 2:04 PM
Criminal Law Attorney serving Santa Ana, CA
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The Law Offices of Christopher J. McCann
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Generally, the length of the statute of limitations depends on the nature of the crime that the evidence seized would tend to prove. So if the evidence recovered was evidence of theft, for example, the SOL to file charges would be equal to the longest possible sentence that one could serve for the crime of theft. Misdemeanors are always 1 year, because that is the maximum sentence. Murder has no SOL.
Answered on Aug 17th, 2011 at 2:04 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You're mixing two different issues. There is a statute of limitations on bringing charges against you, which begins running once a crime is discovered. How long it is depends upon the crime, from 6 months for some misdemeanors to as much as 7 years for some felonies. No statute for murder, by the way. How long evidence can be held is different. You can file your demand upon the police and follow it up with a motion to the court for return of property any time after seizure. The judge will decide if it should be returned, after hearing the arguments of the police and prosecution.
Answered on Aug 17th, 2011 at 1:32 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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In general, the statute of limitations on most felonies is three years. On most misdemeanors, it's one year.
Answered on Aug 17th, 2011 at 1:31 PM
generally there is a two year statute of limitations on misdemeanor offenses and three years on felony offenses. If you need additional assistance, please do not hesitate to contact me.
Answered on Aug 17th, 2011 at 1:26 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Its 2 years for a misdemeanor and 5 for most felonies.
Answered on Aug 17th, 2011 at 1:18 PM