Section 6.4303. Property
subject to warrant.
A search warrant may
apply only to the following:
(1) property, of which the law prohibits possession;
(2) property stolen or taken under false pretenses or embezzled, or found and fraudulently appropriated;
(3) a forged instrument or counterfeit coin intended for passing or an instrument or material for making them;
(4) arms or munitions prepared for insurrection or riot;
(5) property needed as evidence or otherwise in the trial of an accused; or
(6) property designed, or intended for use, in the commission of an offense.
Section 6.4304. Procedure.
A person who seeks
issuance of a search warrant personally appears before the Court and makes
application setting forth the grounds for issuance. The Court may receive
a supporting statement under oath. The application and statement may be
either written or oral. If the Court finds practicable, it places an oral
application in writing for signature and oath by the person making it. If
the Court is satisfied that grounds for the application exist or that there is
probable cause to find that they exist, it issues a search warrant identifying
the property and naming or describing the person or place for
search.
Section 6.4305. Time of execution and return.
A search warrant orders a
police officer to search the person or place named for the stated property.
A warrant orders service in the daytime, except that, if an application
for warrant or a statement under oath in support of the application state with
certainty that the property is on the person or in the place for search, the
warrant may direct execution at any time. A warrant designates that the
Court will receive return of the warrant. It designates the period for execution
and return of the warrant which does not exceed ten days.
Section 6.4306. Execution and return of warrant.
(1) The person seizing property pursuant to a search warrant gives to the person from whom or from whose premises he seized the property a copy of the warrant and a receipt for the seized property or leaves the copy and receipt at the place from which he seized the property.
(2) Promptly following completion of the search, the person executing a search warrant writes on the warrant a signed statement of action taken pursuant to the warrant, showing the date of the search, the person or place searched, and the person to whom he gave a copy of the warrant and a receipt for the property taken or the place where he left the copy and receipt. He delivers to the Court the warrant, with a written inventory of property taken, and the property seized.
(3) The seizing person writes the inventory in the presence of the applicant for the warrant and the person from whose possession or premises he seized the property, or in the presence of at least one credible person other than the applicant for the warrant or the person from whose possession or premises he seized the property following the seizing person's signed sworn statement that the inventory is a true account of all property seized by him pursuant to the warrant. Upon return of a search warrant and a request the Court provides a copy of an inventory to the person from whom or from whose premises the executing person seized the property and to the applicant for the warrant.
Cross reference:
Section 6.4307. Hearing
following return of search warrant.
If a person contests the
grounds on which a warrant has issued, upon return of the warrant the Court
hears testimony, reducing the testimony of each witness to writing for the
witness' signature. If the Court finds that the seized property is not the
property described in the warrant or that probable cause does not exist for the
grounds upon which the Court issued the warrant, the Court orders restoration of
the property to the person from whom the executing party seized it. If it
appears to the Court that the seized property is the property described in the
warrant and that probable cause exists for the grounds upon which it issued the
warrant, the Court orders retention or disposal of the property by the
Government pursuant to law.
Section 6.4308. [Filing]
of search warrant and accompanying papers.
Upon return of a warrant
the Court retains together the warrant, the inventory, relevant documents, and
an order made for disposition of the seized property.
Section 6.4309. Entrance for execution of warrant.
If a search warrant
designates a building or ship as a place for search, the person executing the
warrant may enter without demanding permission if he finds the building or ship
open. If he finds the building or ship closed, he first demands entrance
in a loud voice and states that he wants to execute a search warrant. If
an occupant does not immediately open the door, gate, or bar to entrance, the
executing person may force an entrance, by breaking if necessary. Upon
entering he may demand that an occupant open for inspection a part of the
building or ship, a closet, or closed space within the area designated in the
warrant in which he has reason to suspect concealment of the property. If
refused, he may gain access by breaking. A demand or statement of a person
executing a search warrant is in a language known to an
occupant.
Section 6.4310. Motion for return of property and suppression of
evidence.
A person aggrieved by an
unlawful search or seizure may move for return of the property and suppression
of the use of seized property as evidence. A motion to suppress occurs
before trial or hearing unless opportunity did not exist before trial or hearing
or the accused was not aware of the ground for the motion, or the Court
entertains the motion at the trial or hearing. Upon the making of a motion
the Court reviews an order made upon the return of the warrant and receives
evidence on an issue of fact. If the Court grants the motion, it orders
the return of the seized property to the owner, unless it is subject to lawful
detention, and orders that the property is not admissible in
evidence.
Cross reference:
Section 6.4311. Sale of
perishable property.
The Court may order the
sale of perishable seized property and disposition of the proceeds pursuant to
law or rule.
Section 6.4312. Effect of irregularity.
The appellate court does
not invalidate or set aside a court proceeding, finding, order, or sentence for
an error or omission, technical or otherwise, in a search warrant proceeding,
unless it finds that the error or omission has prejudiced the
accused.