Night Capped Warrant Law and Legal Definition
A night capped warrant is a warrant signed by a judge authorizing the arrest of a party at any time.
Usually a non night capped misdemeanor warrants may be executed at any time if the person is found on a public highway or street. In other cases when the individual is not discovered on a public highway or street, it can only be executed Monday through Saturday between the hours of 0800 and 2200. There are no time restrictions on the execution of gross misdemeanor and felony warrants.
Example of a state statute on night time warrants
Minn. Stat. § 626.14, says that a search warrant can be served only between the hours of 7:00 a.m. and 8:00 p.m. unless the court determines on the basis of facts stated in the affidavits that a nighttime search outside those hours is necessary to prevent the loss, destruction, or removal of the objects of the search or to protect the searchers or the public. The search warrant shall state that it may be served only between the hours of 7:00 a.m. and 8:00 p.m. unless a nighttime search outside those hours is authorized.
