Search of residence prohibited; exception

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    (a)    Except as provided in subsection (b) of this section, a warrant may not be issued to search a residence unless:

        (1)    the residence or part of the residence is used as a store, hotel, restaurant, or boarding house;

        (2)    the residence is used as a public resort; or

        (3)    the residence is used to keep, hide, or provide alcoholic beverages to sell or for another use that violates the law.

    (b)    A judge of the District Court may issue a warrant after determining that the issuance would be proper, based on an examination of:

        (1)    the applicant for the warrant; or

        (2)    other evidence.


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