US Lawyer Database

§ 13-3913 – Conditions precedent to issuance

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

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

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

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

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 […]