What if the Search Warrant Return was Filed Late? Can I Suppress the Evidence That was Seized?
Virginia law requires that for a search warrant the officer must file a return showing whatever was seized with the circuit court within three days after the actual search habits. The question then becomes, what is the remedy if the search warrant return is not filed within those three days?
Unfortunately nothing.
Virginia law holds that this is just a statutory procedure that does not afford the defendant the right to suppress any evidence obtained via search warrant. Unless we can show that you were actually prejudiced in some way by the late filing of the search warrant return, then unfortunately, we don’t have any grounds to suppress the evidence seized from the warrant. It’s sort of a no harm, no foul type of rule.
There are other possible defenses in a search warrant case, especially for a blood sample in a DUI case. This is why you need to call me today so we can discuss your case and what defenses may be possible.
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