Opinion No.

The Honorable Lindsley Smith State Representative 340 North Rollston Avenue Fayetteville, Arkansas 72701-4178

Dear Representative Smith:

I am writing in response to your request for an opinion on three questions concerning search warrant affidavits. You state that "[t]here is some debate as to whether or not the provisions of Rule 13.4 under the Arkansas Rules of Criminal Procedure require search warrant affidavits to be file-marked, or if the file marking of the search warrant and search warrant return would suffice." You pose the following three questions:

1. Under the provisions of ARCrP…