If a search warrant is not executed within 48 hours, what must an officer do?

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When a search warrant is not executed within 48 hours, the officer is required to mark it "not executed" and return it to the Clerk of the issuing court. This procedure ensures that there is an official record of the warrant not being carried out within the designated time frame and provides transparency in law enforcement operations.

Returning the warrant with this notation helps maintain proper legal protocols, allows the court to keep track of the status of the warrant, and aids in accountability for law enforcement officers. This action prevents potential misuse of the warrant and helps uphold the integrity of the judicial process.

The other options do not fulfill the legal requirements necessary after the expiration of the execution period. For example, returning the warrant with no markings does not inform the court about its status, while destroying the warrant would eliminate crucial documentation. Filing a report explaining the delay may not suffice as a formal action regarding the warrant's execution status, as proper procedure mandates returning it with the appropriate notation to document the circumstance officially.

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