(1) A search warrant shall issue only on affidavit sworn to or affirmed before the judge or juvenile magistrate and relating facts sufficient to:
- (a) Identify or describe, as nearly as may be, the premises, person, place, or thing to be searched;
- (b) Identify or describe, as nearly as may be, the property to be searched for, seized, or inspected;
- (c) Establish the grounds for issuance of the warrant or probable cause to believe that such grounds exist; and
- (d) Establish probable cause to believe that the property to be searched for, seized, or inspected is located at, in, or upon the premises, person, place, or thing to be searched.
- (2) The affidavit required by this section may include sworn testimony reduced to writing and signed under oath by the witness giving the testimony before issuance of the warrant. A copy of the affidavit and a copy of the transcript of testimony taken in support of the request for a search warrant must be attached to the search warrant filed with the court.
- (3) The supreme court may establish rules for procedures governing application for and issuance of search warrants consistent with this section.
Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 570, § 2, effective October 1.
Editor's note: This section is similar to former § 19-2-505 as it existed prior to 2021.