Page:Revised Codes of the State of North Dakota 1895.pdf/1506

§§ 8466-8472 § 8466. Form of search warrant. The warrant must be in substantially the following form:

State of North Dakota,

ss.

County of.....

In the name of the state of North 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 section 8462, or if the affidavit is not positive), that there is probable cause for believing that (stating the grounds of the application in the same manner).

You are therefore commanded, in the day time (or "at any time of the day or night," as the case may be, according to section 8170 to make immediate search on the person of C. D.), (or "in the house situated," describing it, or any other place to be searched, with reasonable particularity, as the case may be), for the following property (describing it with reasonable particularity), and if you find the same, or any part thereof, to bring it forth with before me, at (stating the place).

Dated at.. the... day of...18...

Justice of the peace of the city (or town) of.

(or as the case may be).

§ 8467. By whom served. A search warrant may in all cases be served by any of the officers mentioned in its direction, but by no other person except in aid of the officer, on his requiring it, le being present, and acting in its execution.

§ 8468. Officer may break open door. The officer may break open an outer or inner door or window of a house, or any part of the house, or anything therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.

§ 8469. Same for liberating assistant. He may break open any outer or inner door or window of a house for the purpose of liberating a person who, having entered to aid him in the execution of the warrant, is detained therein, or when necessary for his own liberation.

§ 8470. When warrant may be served at night. The magistrate must insert a direction in the warrant that it be served in the daytime, unless the affidavits be positive that the property is on the person or in the place to be searched. In which case he may insert a direction that it be served at any time of the day or night.

§ 8471. Warrant void after ten days. A search warrant must be executed and returned to the magistrate by whom it was issued within ten days. After the expiration of that time the warrant, unless executed, is void.

$ 8472. How property disposed of. When the property is delivered to the magistrate, he must, if it was stolen or embezzled, dispose of it as provided in sections 8126 to 8429, both inclusive. If it was taken on a warrant issued on the grounds stated in the second and third subalivisions of section 8162, he must retain it in his possession, subject to the order of the court to which he is required to return the proceedings before him, or of any other court in which the offense, in respect to which the property was taken, is triable.

1472