Search warrants - application.

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(1) A search warrant shall issue only on affidavit sworn to or affirmed before the judge or juvenile magistrate and relating facts sufficient to:

  1. Identify or describe, as nearly as may be, the premises, person, place, or thing to besearched;

  2. Identify or describe, as nearly as may be, the property to be searched for, seized, orinspected;

  3. Establish the grounds for issuance of the warrant or probable cause to believe thatsuch grounds exist; and

  4. Establish probable cause to believe that the property to be searched for, seized, orinspected is located at, in, or upon the premises, person, place, or thing to be searched.

  1. The affidavit required by this section may include sworn testimony reduced to writing and signed under oath by the witness giving the testimony before issuance of the warrant. A copy of the affidavit and a copy of the transcript of testimony taken in support of the request for a search warrant shall be attached to the search warrant filed with the court.

  2. Procedures governing application for and issuance of search warrants consistent withthis section may be established by rule of the supreme court.

Source: L. 96: Entire article amended with relocations, p. 1628, § 1, effective January 1, 1997.

Editor's note: (1) This section was formerly numbered as 19-2-207. Prior to relocation in 1996, the said section 19-2-207 was contained in a title that was repealed and reenacted in 1987. Provisions of that section, as it existed in 1987, are similar to those contained in 19-2-106 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

(2) The former section 19-2-505 was relocated to section 19-2-802 when this article was amended with relocations in 1996.


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