Rule 4.4 - Execution and Return with Inventory; Return of Papers to Court; Custody of Things(a) Receipt and Inventory. The law enforcement officer conducting the search under the search warrant shall give to the person from whom or from whose premises the things were taken, or shall leave at the place from which the things were taken, a copy of the search warrant together with a copy of an inventory of the things taken. The inventory shall be made in the presence of the person from whose possession or premises the things were taken, if that person is present, and shall be verified by the law enforcement officer executing the search warrant.(b) Return of Papers to Court. The law enforcement officer executing the search warrant shall promptly return the search warrant, along with any inventory of things seized, to the court specified in the search warrant. Unexecuted search warrants shall be returned to the court.(c) Custody of Things. All things taken pursuant to a search warrant shall be retained in the custody of the seizing officer or agency, subject to court order.Comment
Section (a) is intended to make clear that a copy of the warrant and an inventory receipt for things taken shall be left at the premises at the time of the search or with the person, if present, from whose premises the things are taken. Section (b) requires prompt return of the executed warrant and inventory. See Brown v. State, 534 So. 2d 1019 (Miss. 1988) (describing return as ministerial act and noting improper return does not invalidate search).