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Session Laws, 1999
Volume 796, Page 504   View pdf image
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(B) CONTENTS OF APPLICATION.

AN APPLICATION FOR A SEARCH WARRANT SHALL:

(1) BE IN WRITING;

(2) BE VERIFIED BY THE APPLICANT; AND

(3) DESCRIBE THE PREMISES TO BE SEARCHED AND THE NATURE,
SCOPE, AND PURPOSE OF THE SEARCH.

(C) FINDINGS.

A JUDGE WHO RECEIVES AN APPLICATION FOR A SEARCH WARRANT MAY ISSUE
A WARRANT ON A FINDING THAT:

(1) THE SCOPE OF THE PROPOSED SEARCH IS REASONABLE; AND

(2) OBTAINING CONSENT TO ENTER THE PREMISES MAY JEOPARDIZE
THE ATTEMPT TO TAKE CUSTODY OF THE INMATE.

(D) SCOPE OF WARRANT.

(1) A SEARCH WARRANT ISSUED UNDER THIS SECTION SHALL SPECIFY
THE LOCATION OF THE PREMISES TO BE SEARCHED.

(2) A SEARCH CONDUCTED IN ACCORDANCE WITH A SEARCH WARRANT
ISSUED UNDER THIS SECTION MAY NOT EXCEED THE LIMITS SPECIFIED IN THE
WARRANT.

.(E) EXECUTION AND RETURN.

A SEARCH WARRANT ISSUED UNDER THIS SECTION SHALL BE EXECUTED AND
RETURNED TO THE ISSUING JUDGE:

(1) WITHIN THE PERIOD SPECIFIED IN THE WARRANT, WHICH MAY NOT
EXCEED 30 DAYS FROM THE DATE OF ISSUANCE; OR

(2) WITHIN 15 DAYS AFTER THE WARRANT IS ISSUED, IF NO PERIOD IS
SPECIFIED IN THE WARRANT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 689B.

In subsection (b) of this section, the reference to an application "for a
search warrant" is added to clarify the type of application that is being
submitted.

In subsection (b)(2) of this section, the requirement that an application for
a search warrant be "verified" by the applicant is substituted for the
former requirement that an application be "signed and sworn to" by the
applicant for consistency with similar provisions in other revised articles of
the Code. See General Revisor's Note to this article.

In subsection (b)(3) of this section, the former reference to a search "to be

 

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Session Laws, 1999
Volume 796, Page 504   View pdf image
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