State v. Hudson

OPINION

DAUGHTREY, Justice.

We granted the state’s application for permission to appeal in this case in order to review the validity of a search warrant issued by a federal magistrate and executed in compliance with federal law, but not in compliance with state law. Specifically, the warrant was executed six days after it was issued, beyond the five-day limit provided both in Rule 41(d) of the Tennessee Rules of Criminal Procedure and in T.C.A. § 40-6-107. The parallel federal rule, Fed. R.Crim.P. 41, permits up to ten days for valid execution, and the federal magistrate who issued the warrant…