§ 1226. Form of search warrant

Cite as: 22 CNCA § 1226

The warrant must be in substantially the following form:

In the District Court of Cherokee Nation

In the name of Cherokee Nation. To any peace officer of this Nation or duly cross-deputized state law enforcement officer.

Probable cause having been shown on this date before me, by (name every officer and person who has made affidavit or given oral testimony supplementing an affidavit) for believing the following property (describe the property) is located at (specify the location where the property is shown to be).

You are therefore commanded, in the daytime (or "at any time of the day or night,") as the case may be, according to 22 CNCA § 1230, as amended, 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 forthwith before me, at (stating the place) or before a Magistrate who presides in the judicial district in which the property was found and seized.

Dated at ____ the ____ day of ____, 20 ____.

__________

(Signature of Judge)

__________

(Judge's Official Designation)

Historical Data

LA 10–90, eff. November 13, 1990.