Chapter 35 - (Rule 41) Search And Seizure

Chapter 35 - (Rule 41) Search And Seizure

§ 23A-35-1 Definition of search warrant.
§ 23A-35-2 (Rule 41(a)) Magistrate issuing warrant--Officer requesting.
§ 23A-35-3 (Rule 41(b)) Property for which warrant may be issued.
§ 23A-35-4 (Rule 41(c)(1)) Affidavits furnishing probable cause for warrant--Examination of witnesses by magistrate--Record of proceedings--Contents of warrant.
§ 23A-35-4.1 Filing of affidavit--Sealing of affidavit.
§ 23A-35-4.2 Electronic transmission of affidavit in support of search warrant--Issue of search warrant--Proof of magistrate's signature.
§ 23A-35-4.3 Search warrant for installation, use, and maintenance of tracking device.
§ 23A-35-5 (Rule 41(c)(2)) Oral testimony as basis for warrant--Transcription, certification and filing with court.
§ 23A-35-6 (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 magistrate.
§ 23A-35-7 (Rule 41(c)(2)(B)) Return of warrant issued on oral testimony--Signature by person establishing grounds for issuance.
§ 23A-35-8 Breaking in to execute warrant after refusal of admittance--Liberation of person executing warrant.
§ 23A-35-9 Grounds for no-knock warrant--Powers of officer executing.
§ 23A-35-10 (Rule 41(d)) Receipt and copy of warrant given to person from whom property taken--Inventory filed with return of warrant--Copies of inventory.
§ 23A-35-11 (Rule 41(e)) Motion in circuit court for return of property illegally seized--Restoration of property--Treatment as motion to suppress evidence.
§ 23A-35-12 (Rule 41(f)) Motion to suppress evidence in trial court.
§ 23A-35-13 (Rule 41(g)) Papers filed with clerk of court by magistrate to whom warrant returned.
§ 23A-35-14 (Rule 41(h)) Special provisions for search unimpaired--Property defined.

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