District
Courts
Magistrate Courts
Metropolitan Courts
Rules
of Criminal Procedure for the District Courts
Rule 5-211: Search warrants.
A. Issuance. A warrant may be issued by the court
to search for and seize any:
- property which has been obtained
or is possessed in a manner which constitutes a criminal
offense;
- property designed or intended
for use or which is or has been used as the means of
committing a criminal offense;
- property which would be material
evidence in a criminal prosecution; or
- person for whose arrest there
is probable cause or who is unlawfully restrained.
A warrant shall issue only on a sworn written statement
of the facts showing probable cause for issuing the warrant.
B.
Contents. A search warrant
shall be executed by a full-time salaried state or county
law enforcement officer, a municipal police officer, a
campus security officer, an Indian tribal or pueblo law
enforcement officer or a civil officer of the United States
authorized to enforce or assist in enforcing any federal
law. The warrant shall contain or have attached the sworn
written statement of facts showing probable cause for its
issuance and the name of any person whose sworn written
statement has been taken in support of the warrant. A search
warrant shall direct that it be served between the hours
of 6:00 a.m. and 10:00 p.m., according to local time, unless
the issuing judge, by appropriate provision in the warrant,
and for reasonable cause shown, authorizes its execution
at any time.
C. Execution. A search warrant shall be executed
within ten (10) days after the date of issuance. The officer
seizing property under the warrant shall give to the person
from whom or from whose premises the property was taken
a copy of the affidavit for search warrant, and the search
warrant and a copy of the inventory of the property taken
or shall leave the copies of the affidavit for search warrant,
the search warrant and inventory at the place from which
the property was taken.
D. Return. The return shall be made promptly after
execution of the warrant. The return shall be accompanied
by a written inventory of any property taken. The inventory
shall be made in the presence of the applicant for the
warrant and the person from whose possession or premises
the property was taken, if they are present, or in the
presence of at least one credible person other than the
applicant for the warrant or the person from whose possession
or premises the property was taken, and shall be signed
by the officer and the person in whose presence the inventory
was taken. The court shall upon request deliver a copy
of the inventory to the person from whom or from whose
premises the property was taken and to the applicant for
the warrant.
E. Probable cause. As used in this rule, "probable
cause" shall be based upon substantial evidence, which
may be hearsay in whole or in part, provided there is a
substantial basis for believing the source of the hearsay
to be credible and for believing that there is a factual
basis for the information furnished. Before ruling on a
request for a warrant the court may require the affiant
to appear personally and may examine under oath the affiant
and any witnesses he may produce, provided that such additional
evidence shall be reduced to writing, supported by oath
or affirmation and served with the warrant.
Rules
of Criminal Procedure for the Magistrate Courts
Rule 6-208: Search warrants.
A. Issuance. A warrant may be
issued by the court to search for and seize any:
- property which has been obtained
or is possessed in a manner which constitutes criminal
offense;
- property designed or intended
for use or which is or has been used as the means of
committing a criminal offense;
- property which would be material
evidence in a prosecution for a criminal offense; or
- person for whose arrest there
is probable cause or who is unlawfully restrained.
A warrant shall issue only on a sworn written statement
of the facts showing probable cause for issuing the warrant.
B.
Contents. A search warrant shall be executed
by a full-time salaried state or county law enforcement
officer, a municipal police officer, a campus security
officer, an Indian tribal or pueblo law enforcement officer
or a civil officer of the United States authorized to enforce
or assist in enforcing any federal law. The warrant shall
contain or have attached the sworn written statement of
facts showing probable cause for its issuance and the name
of any person whose sworn written statement has been taken
in support of the warrant. A search warrant shall direct
that it be served between the hours of 6:00 a.m. and 10:00
p.m., according to local time, unless the issuing judge,
by appropriate provision in the warrant, and for reasonable
cause shown, authorizes its execution at any time.
C. Form. A search warrant shall be substantially
in the form approved by the supreme court.
D. Execution. A search warrant shall be executed
within ten (10) days after the date of issuance. The officer
seizing property under the warrant shall give to the person
from whom or from whose premises the property was taken
a copy of the affidavit for search warrant, a copy of the
search warrant and a copy of the inventory of the property
taken or shall leave the copies of the affidavit for search
warrant, the search warrant and inventory at the place
from which the property was taken.
E. Return. The return shall be made promptly after
execution of the warrant to the magistrate court issuing
the warrant. The return shall be accompanied by a written
inventory of any property taken. The inventory shall be
made in the presence of the applicant for the warrant and
the person from whose possession or premises the property
was taken, if they are present, or in the presence of at
least one credible person other than the applicant for
the warrant or the person from whose possession or premises
the property was taken and shall be signed by the officer
and the person or persons in whose presence the inventory
was taken. The court shall upon request deliver a copy
of the inventory to the person from whom or whose premises
the property was taken and to the applicant for the warrant.
F. Probable cause. As used in this rule, "probable
cause" shall be based upon substantial evidence, which
may be hearsay in whole or in part, provided there is a
substantial basis for believing the source of the hearsay
to be credible and for believing that there is a factual
basis for the information furnished. Before ruling on a
request for a warrant the court may require the affiant
to appear personally and may examine under oath the affiant
and any witnesses he may produce, provided that such additional
evidence shall be reduced to writing, supported by oath
or affirmation and served with the warrant.
Rules
of Criminal Procedure for the Metropolitan Courts
Rule 7-208: Search warrants.
A. Issuance. A
warrant may be issued by the court to search for and seize
any:
- property which has been
obtained or is possessed in a manner which constitutes
a criminal offense;
- property designed or intended
for use or which is or has been used as the means
of committing a criminal offense;
- property which would be
material evidence in a criminal prosecution; or
- person for whose arrest
there is probable cause, or who is unlawfully restrained.
A warrant shall issue only on a sworn written statement
of the facts showing probable cause for issuing the warrant.
B. Contents. A
search warrant shall be executed by a full-time salaried
state or county law enforcement officer, a municipal
police officer, a campus security officer or an Indian
tribal or pueblo law enforcement officer or a civil officer
of the United States authorized to enforce or assist
in enforcing any federal law. The warrant shall contain
or have attached the sworn written statement of facts
showing probable cause for its issuance and the name
of any person whose sworn written statement has been
taken in support of the warrant. A search warrant
shall direct that it be served between the hours of 6:00
a.m. and 10:00 p.m., according to local time, unless
the issuing judge, by appropriate provision in the
warrant, and for reasonable cause shown, authorizes its
execution at any time.
C. Execution. A search
warrant shall be executed within ten (10) days
after the date of issuance. The officer seizing property
under the warrant shall give to the person from
whom or from whose premises the property was taken
a copy of the affidavit for search warrant and the
search warrant, and a copy of the inventory of the
property taken or shall leave the copies of the affidavit
for search warrant, the search warrant and inventory
at the place from which the property was taken.
D. Return. The return
shall be made promptly after execution of the
warrant to the clerk of the court which issued
the warrant. The return shall be accompanied
by a written inventory of any property taken.
The inventory shall be made in the presence of
the applicant for the warrant and the person
from whose possession or premises the property
was taken, if they are present, or in the presence
of at least one credible person other than the
applicant for the warrant or the person from
whose possession or premises the property was
taken, and shall be signed by the officer and
the person in whose presence the inventory was
taken. The court shall upon request deliver a
copy of the inventory to the person from whom
or from whose premises the property was taken
and to the applicant for the warrant.
E. Probable cause. As
used in this rule, "probable
cause" shall be based upon substantial evidence,
which may be hearsay in whole or in part, provided
there is a substantial basis for believing the
source of the hearsay to be credible and for
believing that there is a factual basis for the
information furnished. Before ruling on a request
for a warrant the court may require the affiant
to appear personally and may examine under oath
the affiant and any witnesses he may produce,
provided that such additional evidence shall
be reduced to writing, supported by oath or affirmation
and served with the warrant.
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