Issuance And Form Of Search Warrant


Section 6. Issuance and form of search warrant

Form of Search Warrant
The search warrant must be in writing and must
contain such particulars as the name of the person
against whom it is to be enforced, offense for which it
was issued, place to be searched and the specific
things to be seized



Section 7. Right to break door or window to effect
search

If the officer acts within the command of his warrant,
he is protected even if the complaint is proven to
have been unfounded.

KNOCK AND ANNOUNCE PRINCIPLE
GENERALLY, OFFICERS EXECUTING A SEARCH
MUST DO THE FOLLOWING ACTS:
1. announce their presence
2. identify themselves to the accused and to the
persons who rightfully have possession of the
premises to be searched
3. show to them the search warrant
4. explain the warrant in a language or dialect
known and understood by them

WHEN UNANNOUNCED INTRUSION
IS PERMISSIBLE
1. person in premises refuses to open it upon
   demand
2. person in the premises  already knew of the
   identity and authority of the officers
3. when officers have an honest belief that there
   is an imminent danger to life and limb
4. when those in the premises, aware of the
   presence of someone outside, are then
   engaged in activities which justifies the officers
   to believe that an escape or the destruction of
   evidence is imminent



Section 8. Search of house, room, or premises to
be made in presence of two witnesses

In searching a house, room or other premises, such
shall be done in the presence of a lawful occupant or
any member of his family, or in the presence of at
least 2 witnesses of sufficient age and discretion,
residing in the same locality

The searching officer should also be considerate of
the premises searched; he should mar the premises
as little as possible, and should carefully replace
anything he finds necessary to remove.

Note: The 2 witnesses rule applies only if there is no
other occupant of the home


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