MS · rules
Miss. R. Crim. P. 4.4
Execution and Return with Inventory; Return of Papers to Court; Custody of Things
(a) Receipt and Inventory. The law enforcement officer conducting the search
under the search warrant shall give to the person from whom or from whose
premises the things were taken, or shall leave at the place from which the things
were taken, a copy of the search warrant together with a copy of an inventory
of the things taken. The inventory shall be made in the presence of the person
from whose possession or premises the things were taken, if that person is
present, and shall be verified by the law enforcement officer executing the
search warrant.
(b) Return of Papers to Court. The law enforcement officer executing the
search warrant shall promptly return the search warrant, along with any
inventory of things seized, to the court specified in the search warrant.
Unexecuted search warrants shall be returned to the court.
(c) Custody of Things. All things taken pursuant to a search warrant shall be
retained in the custody of the seizing officer or agency, subject to court order.
History
Comment: Section (a) is intended to make clear that a copy of the warrant and an inventory receipt for things taken shall be left at the premises at the time of the search or with the person, if present, from whose premises the things are taken. Section (b) requires prompt return of the executed warrant and inventory. See Brown v. State, 534 So. 2d 1019 (Miss. 1988) (describing return as ministerial act and noting improper return does not invalidate search).
Provenance
- Source
- courts.ms.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
06674c281eca852c8bf4b826bb04cd02b6a27566ede1691cdfe5126a02aac67e
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