In addition to the police having a search warrant and the warrant containing crucial details, you should also pay attention to how they execute it. Many mistakes concerning the execution of a search warrant go unnoticed.
Below are three aspects to keep in mind:
The time
According to South Carolina law, the execution of all search warrants must be conducted between 9 a.m. and 7 p.m., unlike an arrest warrant, which can be executed at any time.
Further, a search warrant can only be executed within 10 days after it’s issued. If an officer wants to search your property with a warrant whose issuance was more than 10 days, you may refuse the search since the warrant is void.
The no-knock search warrant
South Carolina courts can issue a no-knock search warrant when there is probable cause that a person on a property is suspected of committing murder or kidnapping. When executing this type of search warrant, a law enforcement officer is not required to knock and announce themselves and their purpose at the premises. Additionally, a no-knock search warrant can be executed after daylight hours in certain circumstances.
Knock and announce
An officer executing a search warrant that is not a no-knock warrant must be clearly recognizable – wearing a uniform and a visible badge containing their name and identification number. Besides, they should knock on the entrance and audibly identify themselves verbally.
The officer should then wait thirty seconds for the occupants of the premises to open the door before they can attempt to enter the residence. However, an officer may be exempted from the thirty-second rule in situations that require immediate action.
If the police fail to execute a search warrant as expected at your premises, obtain as much information as possible to determine your next steps.
