TITLE 19

CRIMINAL PROCEDURE

CHAPTER 44

SEARCH WARRANTS

19-4407.  Form of warrant. The warrant must be in substantially the following form:

County of…..

The state of Idaho to any sheriff, constable, marshal, or policeman in the county of….: Proof, by affidavit, having been this day made before me by (naming every person whose affidavit has been taken), that (stating the grounds of the application, or, if the affidavit be not positive, that there is probable cause for believing that — stating the ground of the application in the same manner), you are therefore commanded, in the daytime (or at any time of the day or night, as the case may be) to make immediate search of 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).

Given under my hand, and dated this…. day of….,…..

History:

[(19-4407) Cr. Prac. 1864, p. 291, sec. 635; R.S., R.C., & C.L., sec. 8396; C.S., sec. 9325; I.C.A., sec. 19-4507; am. 2002, ch. 32, sec. 10, p. 50; am. 2012, ch. 20, sec. 15, p. 69.]