When a warrant is issued for a search in the night is silent on the issue of night searches, can the issuing officer be persuaded to authorize a nighttime search?

14 What we mean is neatly illustrated by comparing two cases of nighttime searches, United States v. Ravich, supra, 421 F.2d 1196, and United States ex rel. Boyance v. Myers, 398 F.2d 896 (3 Cir. 1968). It was plain in Ravich that the judge who issued the warrant intended to allow a nighttime search of the vacant motel room and would have signed a warrant providing for this rather than one that was silent on the subject. The warrant in Boyance was limited on its face to "search in the daytime" and there was nothing to indicate that the justice of the peace intended or could have been persuaded to authorize a search of a home at 2:30 a. m. Similarly when a warrant is executed after the specified period has elapsed, there is usually no way to tell whether the issuing officer would have permitted this.

15 Although in most cases the result under our formulation will not differ from that under the "blueprint" test suggested in United States v. Sellers, supra, 483 F.2d at 44, and United States v. Sturgeon, supra, 501 F.2d at 1275, we consider it to be a preferable approach.