Grounds for issuance

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  • A warrant may be issued to search for and seize any property upon any of the following grounds:
    • (1) When the property was stolen or embezzled; in which case it may be taken on the warrant from the place in which it is concealed, or from the possession of the person by whom it was stolen or embezzled or from any person in whose possession it may be found.

    • (2) When it was used as the means of committing a criminal offense; in which case it may be taken on the warrant from the place in which it is concealed, or from the possession of the person by whom it was used in the commission of the offense, or from any person in whose possession it may be.

    • (3) When it is in the possession of any person with the intent to use it as a means of committing a criminal offense or in the possession of another to whom he may have delivered it for the purpose of concealing it or preventing its being discovered; in which case it may be taken on the warrant from such person, or from any place occupied by him or under his control, or from the possession of the person to whom he may have so delivered it.

    • (4) When the property is a cask, keg, bottle, vessel, siphon, can, case, or other package, bearing printed, branded, stamped, engraved, attached, blown, or otherwise attached or produced thereon the duly filed trademark or name of the person by whom, or in whose behalf the search warrant is applied for, in the possession of any person except the owner thereof with intent to sell or traffic in the same, or refill the same with intent to defraud the owner thereof, with such intent, and without such owner's consent thereof; in which case it may be taken on the warrant from such person or from any place occupied by him, or under his control or from the possession of the person to whom he may have delivered it.


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