Mr. Paul S. Johnson
No. 19910124
Mississippi Attorney General Opinions
January 24, 1991
Mr. Paul S. Johnson
Justice Court Judge
P.O. Box 393
Clarksdale, MS 38614
Re: Judge keeping copy of criminal affidavits after issuing warrants
Dear Judge Johnson:
Attorney General Mike Moore has received your letter of request and has assigned it to the undersigned for research and reply. A copy of your letter is attached for reference. In your letter you asked the following questions:
First Question: When a justice court judge had received an affidavit for a search warrant and underlying facts and circumstances, was the judge obligated to keep the original or a copy of the search warrant and affidavit to be filed with the clerk instantaneous.
Response: It is the opinion of this office, that a justice court judge is required to keep the original affidavit and other appropriate papers to be filed with the clerk, in that Section 99-33-2(3), of the Mississippi Code of 1972, requires a justice court judge after receiving an affidavit and any other documents pertaining thereto, to forward said affidavit and documents to the justice court clerk within forty-eight (48) hours of receipt of same.
Second Question: Was a justice court judge obligated to have fixed a returnable date in the body of the Search warrant in accordance with the Mississippi Code 99-27-15 ? Whereas stated:
The writ shall be returnable instanter or on a day stated and a copy shall be serv ed on the owner or person in possession if such person be present or readily found.DD'
Response: This office is aware that Mississippi Law recognizes several statutes which require that a search warrant be served within a prescribed period of time. Two examples which require service within a certain period of time are Sections 99-27-15, of the Mississippi Code of 1972, which has application to intoxicating beverage laws and 41-29-157, of the Mississippi Code of 1972, which pertains to the drug laws. Likewise, Section 99-25-17, of the Mississippi Code of 1972, while not setting a time certain, does require that a search warrant for stolen property be returned forthwithD'.
In addition to these specific statutes, the Mississippi Supreme Court in Taylor v. State, 137 Miss 217, 102 So. 267, (1924), stated:
We think it is necessary that some time shall be fixed in a search warrant for the return thereof, and
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