23A-35 (RULE 41) SEARCH AND SEIZURE
(RULE 41) SEARCH AND SEIZURE
Definition of search warrant.
(Rule 41(a)) Magistrate issuing warrant--Officer requesting.
(Rule 41(b)) Property for which warrant may be issued.
(Rule 41(c)(1)) Affidavits furnishing probable cause for warrant--Examination of
witnesses by magistrate--Record of proceedings--Contents of warrant.
Filing of affidavit--Sealing of affidavit.
Electronic transmission of affidavit in support of search warrant--Issue of search
warrant--Proof of magistrate's signature.
Search warrant for installation, use, and maintenance of tracking devices.
(Rule 41(c)(2)) Oral testimony as basis for warrant--Transcription, certification and
filing with court.
(Rule 41(c)(2)(A)) Grounds for warrant on oral testimony--Verbatim contents of
warrant--Signature of duplicate by requesting officer--Preparation of original by
(Rule 41(c)(2)(B)) Return of warrant issued on oral testimony--Signature by person
establishing grounds for issuance.
Breaking in to execute warrant after refusal of admittance--Liberation of person
Grounds for no-knock warrant--Powers of officer executing.
(Rule 41(d)) Receipt and copy of warrant given to person from whom property taken--Inventory filed with return of warrant--Copies of inventory.
(Rule 41(e)) Motion in circuit court for return of property illegally seized--Restoration of property--Treatment as motion to suppress evidence.
(Rule 41(f)) Motion to suppress evidence in trial court.
(Rule 41(g)) Papers filed with clerk of court by magistrate to whom warrant returned.
(Rule 41(h)) Special provisions for search unimpaired--Property defined.