TITLE LIX
PROCEEDINGS IN CRIMINAL CASES

CHAPTER 595-A
SEARCH WARRANTS

Section 595-A:5

    595-A:5 Receipt, Inventory, and Return. – The officer taking property under the warrant shall give to the person from whom, or from whose premises, the property was taken a copy of the warrant and a receipt for the property taken, or shall leave the copy and receipt at the place from which the property was taken. The return shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the applicant for the warrant and the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one creditable person other than the applicant for the warrant or the person from whose possession or premises the property was taken, and shall be verified by the officer. The justice of a court of record shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant. The justice of a court of record shall attach to the warrant a copy of the return, inventory and all other papers in connection therewith and shall file them with the clerk of the court to which the warrant is returnable. The return shall be in substantially the following form:

Return


I received the attached search warrant on .........., 20....., and have executed it as follows:
On .........., 20....., at .......... o'clock ... M, I searched (the person) (the premises) described in the warrant and I left a copy of the warrant with (name of person searched or owner) at (the place of search) together with a receipt for the items seized.
The following is an inventory of property taken pursuant to the warrant:
This inventory was made in the presence of .......... and ..........
I swear that this inventory is a true and detailed account of all the property taken by me on the warrant
....................

Subscribed and sworn to and returned before me this .......... day of .........., 20......
....................
Justice of the Court

Source. 1969, 317:1. 1971, 255:3, eff. Aug. 22, 1971.