Illegal Warrant Execution Concerns

Summary

A federal judge can rule on the legality of a search and seizure warrant regardless of evidence found. In Texas, daytime warrants are typically executed between 6 AM and 10 PM. If executed before 6 AM, it may be a violation. Unannounced entries could breach the knock-and-announce rule unless exceptions apply. Consider filing a motion with the federal judge who approved the warrant, as it falls under federal jurisdiction. To request counsel, file a Motion for Appointment of Counsel, including your case number and a summary of the warrant issues.

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the warrant was for day time, it started at 530am, the police entered my home unannouced, and arrested me for something non related before 6am.
In Texas, daytime search warrants are generally executed between * AM and * PM. If the warrant was executed before * AM, this could be a violation.
- A warrant should specify the time it can be executed.
- Evidence obtained outside the specified time may be inadmissible.
- Unannounced entries may violate the "knock-and-announce" rule unless exceptions apply.
Have you consulted with a legal professional about challenging the warrant's execution?
should a file a motion to the state court which my current charge is or with the Federal judge that original approved the warrant?
In this situation, you should consider filing a motion with the Federal judge who originally approved the warrant. Since the warrant's execution and legality fall under federal jurisdiction, it would be best to address these concerns with the same federal court.
Have you already identified any specific issues or inconsistencies in how the warrant was executed that you plan to present in your motion?
how to a make a request to the federal judge for counsel to address this illegal warrant
To request counsel from a federal judge to address the illegal warrant, you can file a Motion for Appointment of Counsel. Here's a basic outline:
- Title your document: "Motion for Appointment of Counsel"
- Include your case number.
- State your request for counsel due to the complexity and illegality of the warrant execution.
- Provide a brief summary of the issues regarding the warrant (e.g., executed before * AM, unannounced entry).
- Sign and date the document.
Have you prepared any drafts or gathered supporting documents for your motion?