Q: When a search warrant is issued & executed how long does the officer have to return it to court & have it filed in TN?
Search warrant was issued Oct 23rd and executed Oct 25th. It was then filed twice, Oct 31st and Nov 14th. On another occasion a search was done end of May. A week later in June a arrest warrant was issued but took till Sept to arrest the person. Then in Nov is when the search warrant was filed. More than six months after it was issued.
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A: The Defendant obviously did nothing after the first SW but continue what he was doing. Filing with Court should be prompt but tardiness alone will not vitiate the SW. TN Statute protects against most errors. To suppress evidence generated by a SW requires usually showing a lack of probable cause to issue. But Courts rarely set such evidence aside. Defendant needs an attorney to represent him, and needs to cut off all contact with associates.
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