BENTONVILLE, Ark. — An attorney representing a former Arkansas police chief charged with capital murder is challenging a search warrant that was served in the pre-dawn hours.

Grant Hardin is charged with capital murder in the February killing of 59-year-old James Appleton. Hardin served as police chief for the town of Gateway for about four months last year.

Hardin’s attorney filed a motion last week seeking to suppress evidence gathered from Hardin’s car, including blood swabs from the car’s hood. The motion says there was no factual basis for the search warrant, which was executed at 4:30 a.m. on Feb. 24.

The Northwest Arkansas Democrat-Gazette reports ( ) that search warrants must be used between 6 a.m. and 8 p.m., but exceptions can be made.

Prosecutors have not yet responded to the motion.

Information from: Northwest Arkansas Democrat-Gazette,