Chapter 35 - (Rule 41) Search And Seizure
- Section 23A-35-1 - Definition of search warrant.
- Section 23A-35-2 - (Rule 41(a)) Magistrate issuing warrant--Officer requesting.
- Section 23A-35-3 - (Rule 41(b)) Property for which warrant may be issued.
- Section 23A-35-4 - (Rule 41(c)(1)) Affidavits furnishing probable cause for warrant--Examination of witnessesby magistrate--Record of proceedings--Contents of warrant.
- Section 23A-35-4.1 - Filing of affidavit--Sealing of affidavit.
- Section 23A-35-4.2 - Facsimile transmission of affidavit in support of search warrant--Issue of search warrant--Proof of magistrate's signature.
- Section 23A-35-5 - (Rule 41(c)(2)) Oral testimony as basis for warrant--Transcription, certification and filingwith court.
- Section 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.
- Section 23A-35-7 - (Rule 41(c)(2)(B)) Return of warrant issued on oral testimony--Signature by personestablishing grounds for issuance.
- Section 23A-35-8 - Breaking in to execute warrant after refusal of admittance--Liberation of person executingwarrant.
- Section 23A-35-9 - Grounds for no-knock warrant--Powers of officer executing.
- Section 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.
- Section 23A-35-11 - (Rule 41(e)) Motion in circuit court for return of property illegally seized--Restoration ofproperty--Treatment as motion to suppress evidence.
- Section 23A-35-12 - (Rule 41(f)) Motion to suppress evidence in trial court.
- Section 23A-35-13 - (Rule 41(g)) Papers filed with clerk of court by magistrate to whom warrant returned.