Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-3917 (2026)

Time of service; exception

✓ current as of May 2026
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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. For the purposes of this section night is defined as the period from ten p.m. to six-thirty a.m.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1983–2023 · leading case: State v. Eichorn, 694 P.2d 1223 (Ariz. Ct. App. 1984).
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State v. Eichorn, 694 P.2d 1223 (Ariz. Ct. App. 1984). · cites it 20× “Appellee filed a motion to suppress the evidence seized as a result of the police obtaining a nighttime search warrant and the subsequent search of appellee’s apartment. Appellee’s motion was based both on a lack of probable cause and insufficient “good cause” to justify a…”
State v. Adamson, 665 P.2d 972 (Ariz. 1983). · cites it 4× “§ 13-1447 (in effect at the time the warrant was issued and now codified at A.R.S. § 13-3917) provides: "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.”
State v. Foncette, 356 P.3d 328 (Ariz. Ct. App. 2015). · cites it 3× “¶ 24 Under A.R.S. § 13-3917, search warrants generally may not be served overnight—between 10:00 p.”
State v. Rypkema, 698 P.2d 1304 (Ariz. Ct. App. 1985). · cites it 13× “§ 13-3916 (the so-called “knock and announce” statute); and (3) Whether the magistrate was shown good cause sufficient to justify a nighttime search, as required by A.R.S. § 13-3917. Because we have found reversible error as to the third issue, we need not address the first two…”
State of Arizona v. Lacey, 694 P.2d 795 (Ariz. Ct. App. 1984). · cites it 2× “A.R.S. § 13-3917 provides: 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.”
State v. Roberson, 225 P.3d 1156 (Ariz. Ct. App. 2010). “UNANNOUNCED, per ARS 13-3916B 0 And IN THE NIGHT, per ARS 13-3917 XX The following paragraphs of the affidavit explained the need for an unannounced nighttime search, referencing “the ease by which methamphetamine can be secreted and/or destroyed,” the anticipated presence of…”
State v. Wilson (Ariz. Ct. App. 2017). · cites it 2× “¶6 We deny relief because the trial court did not abuse its discretion when it found that defense counsel’s failure to file a motion to suppress did not fall below objectively reasonable standards.”
Soza v. Marner, 430 P.3d 1265 (Ariz. Ct. App. 2018). · cites it 2× “11 *1275 ¶ 32 The Arizona Court of Appeals has also applied the exclusionary rule to violations of Arizona statutes in the absence of any legislative guidance to the contrary.”
Morris v. Shinn (D. Ariz. 2023). · cites it 2× “The appellate court observed that “[b]elow, 5 Morris argued only that the nighttime search violated § 13-3917[,] [but] [o]n appeal, he 6 additionally contends it violated the Arizona and federal constitutions, acknowledging that 7 his failure to raise those issues in the trial…”
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