13-3911. Definition A search warrant is an order in writing issued in the name of the state of Arizona, signed by a magistrate, directed to a peace officer, commanding him to search for personal property, persons or items described in section 13-3912.
13-3912. Grounds for issuance A search warrant may be issued upon any of the following grounds: 1. When the property to be seized was stolen or embezzled. 2. When the property or things to be seized were used as a means of committing a public offense. 3. When the property or things to be seized […]
13-3913. Conditions precedent to issuance No search warrant shall be issued except on probable cause, supported by affidavit, naming or describing the person and particularly describing the property to be seized and the place to be searched.
13-3914. Examination on oath; affidavits A. Before issuing a warrant, the magistrate may examine on oath the person or persons seeking the warrant, and any witnesses produced, and must take his affidavit, or their affidavits, in writing and cause the affidavit to be subscribed by the party or parties making the affidavit. Before issuing the […]
13-3915. Issuance; form of warrant; duplicate original warrant; telefacsimile A. If the magistrate is satisfied that probable cause for the issuance of the warrant exists, the magistrate shall issue a search warrant commanding a search by any peace officer of the person or place specified, for the items described. B. On a reasonable showing that […]
13-3916. Service of warrant; breaking and entering to execute A. A search warrant may be served by any peace officer but by no other person except in aid of an officer engaging in service of the warrant. B. An officer may break into a building, premises or vehicle or any part of a building, premises […]
13-3917. Time of service; exception Upon a showing of good cause therefor, the magistrate may, in his discretion insert a direction in the warrant that it may be served at any time of the day or night. In the absence of such a direction, the warrant may be served only in the daytime. For the […]
13-3918. Time of execution and return A. A search warrant shall be executed within five calendar days from its issuance and returned to a magistrate within three court business days after the warrant is executed. Upon expiration of the five day period, the warrant is void unless the time is extended by a magistrate. The […]
13-3919. Receipt for property; definitions A. If an officer takes any property under the warrant, the officer shall give a detailed itemized receipt for the property taken to the person from whom it was taken or in whose possession it was found. If it is not possible to provide the receipt to a person, the […]
13-3920. Retention of property A. All property seized on a warrant shall be retained in the custody of the seizing officer or agency that the officer represents, subject to the order of the court in which the warrant was issued, or any other court in which the property is sought to be used as evidence. […]
13-3921. Return of warrant and inventory; copy of inventory A. The officer shall return the warrant to the magistrate and at the same time deliver to the magistrate a written inventory of the property taken. The inventory shall be made publicly, or in the presence of the person from whose possession it was taken, and […]
13-3922. Controverting grounds of issuance; procedure; restoration of property A. If an owner of seized property controverts the grounds on which the warrant was issued, the magistrate shall proceed to take testimony relative thereto unless a proceeding pursuant to chapter 39 of this title is or has been initiated relating to the same property interest. […]
13-3923. Filing and transmittal of papers The magistrate shall annex the affidavits, the search warrant and return, and the inventory, and if he does not have jurisdiction to inquire into the offense in respect to which the warrant was issued, he shall at once file the warrant, and return the affidavits and inventory to the […]
13-3924. Unlawful procurement of search warrant without probable cause A person who, with intent to harass and without probable cause, causes a search warrant to be issued and executed, is guilty of a class 2 misdemeanor.
13-3925. Unlawful search or seizure; admissibility of evidence; definitions A. Any evidence that is seized pursuant to a search warrant shall not be suppressed as a result of a violation of this chapter except as required by the United States Constitution and the constitution of this state. B. If a party in a criminal proceeding […]
