15A-241. Definition of search warrant. A search warrant is a court order and process directing a law-enforcement officer to search designated premises, vehicles, or persons for the purpose of seizing designated items and accounting for any items so obtained to the court which issued the warrant. (1868-9, c. 178, subch. 3, s. 38; Code, s. […]
15A-242. Items subject to seizure under a search warrant. An item is subject to seizure pursuant to a search warrant if there is probable cause to believe that it: (1) Is stolen or embezzled; or (2) Is contraband or otherwise unlawfully possessed; or (3) Has been used or is possessed for the purpose of being […]
15A-243. Who may issue a search warrant. (a) A search warrant valid throughout the State may be issued by: (1) A Justice of the Supreme Court. (2) A judge of the Court of Appeals. (3) A judge of the superior court. (b) Other search warrants may be issued by: (1) A judge of the district […]
15A-244. Contents of the application for a search warrant. Each application for a search warrant must be made in writing upon oath or affirmation. All applications must contain: (1) The name and title of the applicant; and (2) A statement that there is probable cause to believe that items subject to seizure under G.S. 15A-242 […]
15A-245. Basis for issuance of a search warrant; duty of the issuing official. (a) Before acting on the application, the issuing official may examine on oath the applicant or any other person who may possess pertinent information, but information other than that contained in the affidavit may not be considered by the issuing official in […]
15A-246. Form and content of the search warrant. A search warrant must contain: (1) The name and signature of the issuing official with the time and date of issuance above his signature; and (2) The name of a specific officer or the classification of officers to whom the warrant is addressed; and (3) The names […]
15A-247. Who may execute a search warrant. A search warrant may be executed by any law-enforcement officer acting within his territorial jurisdiction, whose investigative authority encompasses the crime or crimes involved. (1868-9, c. 178, subch. 3, s. 38; Code, s. 1171; Rev., s. 3163; C.S., s. 4529; 1941, c. 53; 1949, c. 1179; 1955, c. […]
15A-248. Time of execution of a search warrant. A search warrant must be executed within 48 hours from the time of issuance. Any warrant not executed within that time limit is void and must be marked "not executed" and returned without unnecessary delay to the clerk of the issuing court. (1973, c. 1286, s. 1.)
15A-249. Officer to give notice of identity and purpose. The officer executing a search warrant must, before entering the premises, give appropriate notice of his identity and purpose to the person to be searched, or the person in apparent control of the premises to be searched. If it is unclear whether anyone is present at […]
15A-251. Entry by force. An officer may break and enter any premises or vehicle when necessary to the execution of the warrant if: (1) The officer has previously announced his identity and purpose as required by G.S. 15A-249 and reasonably believes either that admittance is being denied or unreasonably delayed or that the premises or […]
15A-252. Service of a search warrant. Before undertaking any search or seizure pursuant to the warrant, the officer must read the warrant and give a copy of the warrant application and affidavit to the person to be searched, or the person in apparent control of the premises or vehicle to be searched. If no one […]
15A-253. Scope of the search; seizure of items not named in the warrant. The scope of the search may be only such as is authorized by the warrant and is reasonably necessary to discover the items specified therein. Upon discovery of the items specified, the officer must take possession or custody of them. If in […]
15A-254. List of items seized. Upon seizing items pursuant to a search warrant, an officer must write and sign a receipt itemizing the items taken and containing the name of the court by which the warrant was issued. If the items were taken from a person, the receipt must be given to the person. If […]
15A-255. Frisk of persons present in premises or vehicle to be searched. An officer executing a warrant directing a search of premises or of a vehicle may, if the officer reasonably believes that his safety or the safety of others then present so requires, search for any dangerous weapons by an external patting of the […]
15A-256. Detention and search of persons present in private premises or vehicle to be searched. An officer executing a warrant directing a search of premises not generally open to the public or of a vehicle other than a common carrier may detain any person present for such time as is reasonably necessary to execute the […]
15A-257. Return of the executed warrant. An officer who has executed a search warrant must, without unnecessary delay, return to the clerk of the issuing court the warrant together with a written inventory of items seized. The inventory, if any, and return must be signed and sworn to by the officer who executed the warrant. […]
15A-258. Disposition of seized property. Property seized shall be held in the custody of the person who applied for the warrant, or of the officer who executed it, or of the agency or department by which the officer is employed, or of any other law-enforcement agency or person for purposes of evaluation or analysis, upon […]
15A-259. Application of Article to all warrants; exception as to inspection warrants and special riot situations. The requirements of this Article apply to search warrants issued for any purpose, except that the contents of and procedure relating to inspection warrants are to be governed by the provisions of Article 4A of Chapter 15 and warrants […]
