Legal Question in Criminal Law in Tennessee
If state law in TN states that a search warrant must be executed and returned to the magistrate within 5 days of issuance and the warrant was executed within 5 days but it was not returned to the magistrate until 14 days later is the grounds for dismissal? Is the warrant void?
Asked on 5/14/10, 8:05 pm
1 Answer from Attorneys
The warant is not void.
Bowman vs. State (1962)
The failure by an officer to make a return on a search warrant within five days was merely a failure to carry out a ministerial duty and did not affect the validity of the warrant or the search, which was made within the requisite five-day period
Answered on 5/22/10, 9:34 pm
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