Rules of Court · Part 3 · New Jersey
R. 3:5-5 New Jersey Rules of Court, R. 3:5-5: Execution and Return With Inventory, rendered as code with every cross-reference linked
Execution and Return With Inventory
(a) In General. A search warrant may be executed by any law enforcement officer, including the Attorney General or county prosecutor or sheriff or members of their staffs. The warrant must be executed within 10 days after its issuance and within the hours fixed therein by the judge issuing it, unless for good cause shown the warrant provides for its execution at any time of day or night. The officer taking property under the warrant shall give to the person from whom or from whose premises the property is taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property is taken. The return shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made and verified by the officer executing the warrant in the presence of the person from whom or from whose premises the property is taken or, if such person is not present, in the presence of some other person. It shall be the responsibility of the executing law enforcement agency to ensure that the executed search warrant, inventory, and any other accompanying documents are included in the Judiciary's computerized system within 14 days of execution. The executing law enforcement agency shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken.
(b) Duplicate Search Warrant. If a duplicate original search warrant issued telephonically pursuant to R. 3:5-3(c) has been executed, the person who executed the warrant shall enter the exact time of its execution on its face. If a recording of the oral testimony has been made, the executing law enforcement agency shall be responsible to retain the recording. In all other respects, execution and return of the duplicate original search warrant shall be that required by paragraph (a) of this rule.
Note: Source-R.R. 3:2A-4; former rule redesignated as paragraph (a) and paragraph (b) adopted July 26, 1984 to be effective September 10, 1984; paragraphs (a) and (b) amended and captions added July 30, 2021 to be effective October 1, 2021.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 3:5-5 "Execution and Return With Inventory" {
(a) In General. A search warrant may be executed by any law enforcement officer, including the Attorney General or county prosecutor or sheriff or members of their staffs. The warrant must be executed within 10 days after its issuance and within the hours fixed therein by the judge issuing it, unless for good cause shown the warrant provides for its execution at any time of day or night. The officer taking property under the warrant shall give to the person from whom or from whose premises the property is taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property is taken. The return shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made and verified by the officer executing the warrant in the presence of the person from whom or from whose premises the property is taken or, if such person is not present, in the presence of some other person. It shall be the responsibility of the executing law enforcement agency to ensure that the executed search warrant, inventory, and any other accompanying documents are included in the Judiciary's computerized system within 14 days of execution. The executing law enforcement agency shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken.
(b) Duplicate Search Warrant. If a duplicate original search warrant issued telephonically pursuant to R. 3:5-3(c) has been executed, the person who executed the warrant shall enter the exact time of its execution on its face. If a recording of the oral testimony has been made, the executing law enforcement agency shall be responsible to retain the recording. In all other respects, execution and return of the duplicate original search warrant shall be that required by paragraph (a) of this rule.
Note: Source-R.R. 3:2A-4; former rule redesignated as paragraph (a) and paragraph (b) adopted July 26, 1984 to be effective September 10, 1984; paragraphs (a) and (b) amended and captions added July 30, 2021 to be effective October 1, 2021.
}
referenced_by: 3:10-1, 3:10-2, 3:10-3, 3:10-4, 3:10-5, 3:10-6, 3:10-7, 3:5-3
source: njcourts.gov // verbatim; changed 2025-09-26; corpus harvested 2026-09-02
← R. 3:5-4 · R. 3:5-6 → · chapter 3:5 · all rules
The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.