CHAPTER 12.
OF SEARCH WARRANTS.
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Section. 7613. Search Warrant defined. 7614. Grounds for issue of search warrant. 7615. Must have probable cause. 7616. Sworn complaint must be made. 7617. Requisite of the warrant. 7618. Form of the warrant. 7619. Search warrant served by whom. 7620. Officer may break open door. 7621. Same, for liberating persons. 7622. Warrant served at night, when. 7623. Warrant void after ten days.
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Section. 7624. Property disposed of, how. 7625. Return of the warrant. 7626. Copy of inventory. 7627. Complaint controverted. 7628. Testimony how taken. 7629. Property to be restored 7630. Depositions returned to district court. 7631. Procuring search warrant without cause. 7632. Officer exceeding his authority. 7633. Searching defendant by magistrate.
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s. 561, Crim. Pr.
§ 7613. A search warrant is an order in writing, in the name of the territory, signed by a magistrate, directed to a peace officer, commanding him to search for personal property and bring it before the magistrate.
Grounds for issue of search warrant.s. 562, Crim. Pr.
§ 7614. It may be issued upon either of the following grounds:
1. When the property was stolen or embezzled, in which case it may be taken on the warrant, from any house or other place in which it is concealed, or from the possession of the person by whom it was stolen or embezzled, or of any other person in whose possession it may be.
2. When it was used as the means of committing a felony, in which case it may be taken on the warrant from any house or other 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 of any other person in whose possession it may be.
3. When it is in the possession of any person, with the intent to use it as the means of committing a public 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 a house or other place occupied by him, or under his control, or from the possession of the person to whom he may have so delivered it.
Must have probable cause.s. 563, Crim. Pr.
§ 7615. A search warrant cannot be issued but upon probable cause, supported by affidavit, naming or describing the person, and particularly describing the property and the place to be searched.
Sworn complaint must be made.s. 564, Crim. Pr.
§ 7616. The magistrate must, before issuing the warrant, take, on oath, the complaint of the prosecuting witness in writing, which must set forth the facts tending to establish the grounds of the application, or probable cause for believing that they exist.
Requisites of the warrant.s. 565, Crim. Pr.
§ 7617. If the magistrate be thereupon satisfied of the existence of grounds of the application, or that there is probable cause to believe their existence, he must issue a search warrant, signed by him, with his name of office, to a peace officer in his county, commanding him forthwith to search the person or place named, for the property specified, and to bring it before the magistrate, and also to arrest the person in whose possession the same may be found, to be dealt with according to law.
Form of the warrant.s. 566, Crim. Pr.
§ 7618. The warrant must be in substantially the following form:
County of......
In the name of the territory of Dakota: To any sheriff, constable, marshal or policeman in the county of .......
Proof by affidavit having been this day made before me, by (naming every person whose affidavit has been taken), the stating the particular grounds of the application according to sec-1214
