Can a police officer extend the time of return under section 1537 of the search warrant?
California, United States of America
The following excerpt is from People v. Stevenson, 133 Cal.Rptr. 406, 62 Cal.App.3d 915 (Cal. App. 1976):
1 Since this particular issue was not raised below as a reason to suppress the evidence, we will not discuss it on appeal. (People v. Moore, 13 Cal.App.3d 424, 434, 91 Cal.Rptr. 538.) The police officer may have had a reason to extend the time of return past the 'forthwith' requirement of section 1537 that would have been explained had the defendant raised that rationale for the invalidity of the search warrant return.
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