4.2.12

• Jurisdiction: Arizona

§ 4.2.12 Nighttime Execution of Search Warrants

1. General Rule. The magistrate must find good cause to execute the search warrant at night (10:00 p.m.?6:30 a.m.). See A.R.S. § 13-3917 (“Upon a showing of good cause therefor, the magistrate may, in his discretion, insert a direction in the warrant that it may be served at any time of the day or night. In the absence of such a direction, the warrant may be served only in the daytime.”).

Officers should place facts supporting this “good cause” in the affidavit. SeeState v. Jackson, 117 Ariz. 120, 571 P.2d 266 (1977). See also Ariz. R. Crim. P. 2.6 (eff. March 1, 2023) (An “application requesting service at any time of the day or night pursuant to A.R.S. § 13-3917 must contain specific facts that provide good cause why service only during the day would not be reasonable or feasible.”...