Tenn. Code Ann. » Tenn. Code / Title 40 / Chapter 6 / Part 1
Tennessee Code Annotated

Tenn. Code Ann. § 40-6-107 (2026)

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Code 1858, § 5326; Shan., § 7304; mod. Code 1932, § 11907; Acts 1969, ch. 252, § 1; T.C.A. (orig. ed.), § 40-507.

Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 1989–2024 · leading case: State v. Evans, 815 S.W.2d 503 (Tenn. 1991).
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State v. Evans, 815 S.W.2d 503 (Tenn. 1991). · cites it 4× “T.C.A. § 40-6-107 specifically provides that a search warrant shall be executed and returned to the magistrate by whom it was issued within five (5) days after its date, after which time, unless executed, it is void.”
State v. Davis, 185 S.W.3d 338 (Tenn. 2006). · cites it 4× “The copy retained by the magistrate also gives the judge control to insure that the warrant is executed and returned to the magistrate in a timely manner, as required by T.C.A. § 40-6-107. Gambrel, 783 S.W.2d at 192 (footnote omitted).”
State v. Hilliard, 906 S.W.2d 466 (Tenn. Crim. App. 1995). · cites it 2× “The defendant’s final argument for support of her contention that the evidence obtained as a result of the search should be suppressed is that the executed search warrant was not returned to the issuing magistrate as required by T.C.A. § 40-6-107(a). See also Tenn.R.Crim.”
State v. Gambrel, 783 S.W.2d 191 (Tenn. Crim. App. 1989). · cites it 2× “The copy retained by the magistrate also gives the judge control to insure that the warrant is executed and returned to the magistrate in a timely manner, as required by T.C.A. § 40-6-107. 2 In this case the written portion of the search warrant is very dim.”
State of Tennessee v. Ronald Stanley, 67 S.W.3d 1 (Tenn. Crim. App. 2001). · cites it 2× “Tennessee Code Annotated § 40-6-107 provides that “[a] search warrant shall be executed and returned to the magistrate by whom it was issued within five (5) days after its date, after which time, unless executed, it is void.”
State v. Hudson, 849 S.W.2d 309 (Tenn. 1993). · cites it 2× “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.”
United States v. Corrado, 803 F. Supp. 1280 (M.D. Tenn. 1992). · cites it 2× “Trooper Williams knew the search warrant would be valid for five days from its issuance, see Tenn.Code Ann. § 40-6-107 (1990), after which time it would become void.”
Donte R. Swanier v. State of Tennessee (Tenn. Crim. App. 2024). · cites it 6× “He further argues that the application and court order authorizing the placement of the GPS tracker failed to meet the requirements of a search warrant in that they failed to establish probable cause and that the order was not executed within five days of its issuance in…”
State of Tennessee v. Robert Joseph Mcbride (Tenn. Crim. App. 2021). · cites it 4× “Tennessee Code Annotated section 40-6-107 provides that “[a] search warrant shall be executed and returned to the magistrate by whom it was issued within five (5) days after its date, after which time, unless executed, it is void.”
State of Tennessee v. Kalpesh Patel & Patikkumar v. Patel (Tenn. Crim. App. 2017). · cites it 2× “” Tennessee Code Annotated section 40-6-107(a) provides that a search warrant “shall be executed and returned to the magistrate by whom it was issued within five (5) days after its date, after which time, unless executed, it is void.”
State of Tennessee v. Angela Kilgore (Tenn. Crim. App. 2021). · cites it 2× “The Defendant argues that the execution of the warrant was not completed until the results of the laboratory tests, months after the warrant was issued, in violation of Tennessee Code Annotated section 40-6-107(a), which provides that a search warrant shall be executed and…”
State of Tennessee v. Anthony Duane Gray, Jr. (Tenn. Crim. App. 2024). · cites it 2× “” Tennessee Code Annotated section 40-6-107 states: “(a) A search warrant shall be executed and returned to the magistrate by whom it was issued within five (5) days after its date, after which time, unless executed, it is void.”
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Tenn. Code Ann. § 40-6-107(a): 3 cases
State v. Hilliard, 906 S.W.2d 466 (Tenn. Crim. App. 1995). “The defendant’s final argument for support of her contention that the evidence obtained as a result of the search should be suppressed is that the executed search warrant was not returned to the issuing magistrate as required by T.C.A. § 40-6-107(a). See also Tenn.R.Crim.”
State of Tennessee v. Kalpesh Patel & Patikkumar v. Patel (Tenn. Crim. App. 2017). “” Tennessee Code Annotated section 40-6-107(a) provides that a search warrant “shall be executed and returned to the magistrate by whom it was issued within five (5) days after its date, after which time, unless executed, it is void.”
State of Tennessee v. Angela Kilgore (Tenn. Crim. App. 2021). “The Defendant argues that the execution of the warrant was not completed until the results of the laboratory tests, months after the warrant was issued, in violation of Tennessee Code Annotated section 40-6-107(a), which provides that a search warrant shall be executed and…”
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