Legal Opinion

State v. Miguel

Court of Appeals of Arizona

Decided November 23, 2004No. Nos. 1 CA-CR 03-0867, 1 CA-CR 04-0174PublishedCited by 1 opinion

1Opinion of the Court

OPINION

SULT, Judge.

¶ 1 Arizona Revised Statutes (“A.R.S.”) § 13-3918(A) (2001) provides that a search warrant shall be void unless it is executed within five days after it is signed by the magistrate, although the magistrate may grant a five-day extension. The warrant in this case was executed more than five days after it was issued with no extension having been obtained, and the trial court declared it void. The State attempts to save the warrant by applying Rule 1.3(a), Arizona Rules of Criminal Procedure, which would exclude *329from the calculation of days the weekend that intervened between…

2Cases cited14 opinions

Sgro v. United StatesSupreme Court of the United States · 1932
Hayes v. Continental InsuranceArizona Supreme Court · 1994
Woodrow and Betty Frey v. Gerald Dean Woodard, Joe McCracken and the United States of AmericaCourt of Appeals for the Third Circuit · 1984
In the Matter of American Healthcare Management, Inc., a Delaware Corporation, Debtor. Chapman Investment Associates v. American Healthcare ManagementCourt of Appeals for the Fifth Circuit · 1990
United States v. Gloria Jean Nepstead and John Edward AshCourt of Appeals for the Ninth Circuit · 1970

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3Cited by1 opinion

Frimmel v. Hon. sanders/stateCourt of Appeals of Arizona · 2014