Applications for search warrants.
Each application for a search warrant shall be made in writing, or by telephone or other appropriate means, including facsimile transmissions or other electronic communications, upon oath or affirmation to a judicial officer, pursuant to the Superior Court Rules of Criminal Procedure. Each application shall include — the name and title of the applicant; 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; allegations of fact supporting such statement; and a request that the judicial officer issue a search warrant directing a search for and seizure of the property in question. The application may also contain 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 (1) it cannot be executed during the hours of daylight, (2) the property sought is likely to be removed or destroyed if not seized forthwith, or (3) the property sought is not likely to be found except at certain times or in certain circumstances. Any request made pursuant to this subsection must be accompanied and supported by allegations of fact supporting such request.
Annotations
July 29, 1970, 84 Stat. 615, Pub. L. 91-358, title II, § 210(a) Oct. 26, 1974, 88 Stat. 1455, Pub. L. 93-481, § 4(c) Oct. 17, 2002, D.C. Law 14-194, § 802, 49 DCR 5306 D.C. Law 14-194 rewrote subsec. (a) which had read as follows: “(a) Each application for a search warrant shall be made in writing upon oath or affirmation to a judicial officer.” 1973 Ed., § 23-522. 1981 Ed., § 23-522. This section is referenced in § 23-521. Weights, Measures, and Markets, warrantless searches by Director, see § 37-201.24. Uniform Narcotic Drug Act, search warrants, see § 48-902.04. Raids, prohibition of advance information of raids to attorneys or bondsmen, see § 23-1109. Pawned or pledged property, examination of property, see § 5-117.03. Milk containers, search warrants to discover illegal use, see §§ 36-125 and 36-1555. Gaming houses or bawdy houses, authorization of searches, see § 5-115.06. Cruelty to animals, search warrants to prevent, see § 22-1005. Businesses, examination of books and search of premises of certain businesses, see § 5-117.02. Alcoholic Beverage Control Act, search warrants, see § 25-803.
Sourced from the DC Council Open Law Library (public domain).
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