CHAPTER 403

SEARCH WARRANTS

403.01                         Definition

A search warrant is a written order signed by a judge directing a law enforcement officer to conduct a search and seize the property specified in the warrant. The warrant shall describe the person, property or place to be searched and shall describe the property to be seized.

403.02                         Issuance of Warrant

A search warrant shall be issued only by a judge and only upon probable cause that a search will discover:

      a)              stolen, embezzled, contraband or otherwise unlawfully possessed property;

      b)              Property which has been or is being used to commit a criminal offense;

      c)              property which constitutes evidence of the commission of a criminal offense;

d)        any person avoiding apprehension for violation of or in the process of violating any provisions of the tribal code.

Probable cause shall be supported by a sworn written statement of sworn oral testimony. Warrants shall be served only by authorized police officers.

(Section 403.02 amended to Tribal Code by Resolution No. 205-90, dated September 11, 1990)

403.03                         Execution and Return of Search Warrant

The executing officer shall return the warrant to the Court within the time limit shown on the face of the warrant, which in no case shall be longer than ten (10) days from the date of issuance. Warrants not returned within such time limits shall be void. The warrant shall be served within such time limits shall be void. The warrant shall be served between 7:00 a.m. and 9:00 p.m., unless the judge, upon a showing of good cause therefore, inserts a direction that it be served at some other time.

403.04                         Search Without a Warrant

No police officer shall conduct any search without a valid warrant except:

            a)        when he is making a lawful arrest; or

            b)        with the voluntary consent of the person being searched or person entitled to                         possession of property being searched; or

            c)        when the search is of a moving vehicle and the officer has probable cause to                         believe that it contains contraband, stolen property, or property otherwise                         unlawfully possessed.

403.05                         Disposition of Seized Property

Subdivision 1.            The officer serving and executing a warrant shall make an inventory of all property seized and a copy of this inventory shall be left with every person from whom property is seized.

Subdivision 2.            A hearing shall be held by the Court to determine the disposition of all property seized by the police. Upon satisfactory proof of ownership, the property shall be delivered immediately to the owner, unless the property is contraband or is to used as evidence in a pending case. Property seized as evidence shall be returned to the owner after the final judgement. Property confiscated as contraband shall be destroyed or otherwise lawfully disposed of as provided by law.

403.06                         Exclusion of Unlawfully Obtained Evidence

The Court shall prohibit the introduction or use at trial of any evidence seized in a search conducted in violation of Section 403.04 and may, in addition, recommend to the chief law enforcement officer of the reservation any appropriate disciplinary actions against the police officer conducting the unlawful search.