Page:United States Statutes at Large Volume 84 Part 1.djvu/673

 84 STAT. ]

PUBLIC LAW 91-358-JULY 29, 1970

"§23-522. Applicatians for search warrants " (a) Each application for a search warrant shall be made in writing upon oath or affirmation to a judicial officer. '' (b) Each application shall include— " (1) the name and title of the applicant; "(2) a statement that there is probable cause to believe that property of a kind or character described in section 23-521 (d) is likely to be found in a designated premise, in a designated vehicle or object, or upon designated persons; "(3) allegations of fact supporting such statement; and "(4) a request that the judicial officer issue a search warrant directing a search for and seizure of the property in question. The applicant may also submit depositions or affidavits of other persons containing allegations of fact supporting or tending to support those contained in the application. "(c) The application may also contain— "(1) a request that the search warrant be made executable at any hour of the day or night, upon the ground that there is probable cause to believe that (A) it cannot be executed during the hours of daylight, (B) the property sought is likely to be removed or destroyed if not seized forthwith, or (C) the property sought is not likely to be found except at certain times or in certain circumstances; and "(2) a request that the search warrant authorize the executing officer to break and enter dwelling houses or other buildings or vehicles to be searched without giving notice of his identity and purpose, upon probable cause to believe that one of the conditions set forth in subparagraph (A), (B), or (D) of section 23-591 (c)(2) is likely to exist at the time and place at which such warrant is to be executed. Any request made pursuant to this subsection must be accompanied and supported by allegations of fact supporting such request. "§23-523. Time of execution of search warrants " (a) A search warrant shall not be executed more than ten days after the date of issuance and shall be returned to the court after its execution or expiration in accordance with section 23-521 (f)(7). " (b) A search warrant may be executed on any day of the week and, in the absence of express authorization in the warrant pursuant to section 23-521 (f)(5), shall be executed only during the hours of daylight. "§23-524. Execution of search warrants " (a) An officer executing a warrant directing a search of a dwelling house or other building or a vehicle shall execute such warrant in accordance with section 23-591. " (b) An officer executing a warrant directing a search of a person .shall give, or make reasonable effort to give, notice of his identity and purpose to the person, and, if such person thereafter resists or refuses to permit the search, such person shall be subject to arrest by such officer pursuant to section 23-581 (a) for violation of section 432 of the Revised Statutes of the United States relating to the District of Columbia (D.C. Code, sec. 22-505) (resisting a police officer) or other applicable provision of law. "(c)(1) An officer or agent executing a search warrant shall write and subscribe an inventory setting forth the time of the execution of the search warrant and the property seized under it. "(2) If the search is of a person, a copy of the warrant and of the return shall be given to that person. 47-348 O - 72 - 43 (K. 1)

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