Title 19 — CRIMINAL PROCEDURE

19-4401. Search warrant defined. A search warrant is an order in writing, in the name of the state of Idaho, signed by a magistrate, judge or justice directed to an officer or officers named therein, or other officer authorized by law to execute search warrants directing the offi…

19-4402. Use of search warrant. (1) A search warrant may be issued to search for and seize: 1. Any property or intangible that constitutes evidence of a criminal offense. 2. Contraband, the fruits of crime, or things otherwise criminally possessed. 3. Weapons or other things by m…

19-4403. Affidavit of probable cause. A search warrant cannot be issued but upon probable cause, supported by affidavit, naming or describing the person, and particularly describing the property and the place to be searched.

19-4404. Oral affidavit — Telephonic affidavit — Procedures. In lieu of a written affidavit, the magistrate may take an oral statement under oath which shall be recorded and transcribed. The judge is authorized to administer an oath or affirmation by telephone, and to take testim…

19-4406. Issuance of warrant. If the magistrate is thereupon satisfied of the existence of the grounds of the application, or that there is probable cause to believe their existence, he must issue a search warrant, signed by him with his name of office, to a peace officer in his …

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…

19-4408. Service of warrant. A search warrant may in all cases be served by any of the officers mentioned in its directions, but by no other person, except in aid of the officer on his requiring it. Service of a warrant may be made by the officers mentioned in its directions in p…

19-4409. Service of warrant — Breaking open doors. The officer may break open any outer or inner door or window of a house, or any part of a house, or any thing therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.

19-4410. Breaking doors to liberate officer or assistant. He may break open any outer or inner door or window of a house, for the purpose of liberating a person who, having entered to aid him in the execution of the warrant, is detained therein, or when necessary for his own libe…

19-4411. Service of warrant at night. The magistrate must insert a direction in the warrant that it be served in the day time unless the affidavits are positive that the property is on the person or in the place to be searched, in which case he may insert a direction that it be s…

19-4412. Time for executing warrant. A search warrant must be executed and returned to the magistrate who issued it, within fourteen (14) days after its date; after the expiration of this time the warrant, unless executed, is void.

19-4413. Receipt for property taken. When the officer takes property under the warrant, he must give a receipt for the property taken (specifying it in detail) to the person from whom it was taken by him, or in whose possession it was found; or, in the absence of any person, he m…

19-4414. Disposition of property. When the property is delivered to the magistrate, he must, if it was stolen or embezzled, dispose of it as provided in sections 19-3801—19-3806 inclusive. If it was taken on a warrant issued on the grounds stated in the second and third subdivisi…

19-4415. Return of warrant. The officer must forthwith return the warrant to the magistrate, and deliver to him a written inventory of the property taken, made publicly or in the presence of the person from whose possession it was taken, and of the applicant for the warrant, if t…

19-4416. Copy of inventory. The magistrate must thereupon, if required, deliver a copy of the inventory to the person from whose possession the property was taken, and to the applicant for the warrant.

19-4417. Contest of warrant. If the grounds on which the warrant was issued be controverted, he must proceed to take testimony in relation thereto, and the testimony of each witness must be reduced to writing and authenticated by the magistrate.

19-4418. Restoration of property. If it appears that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate must cause it to be restored to …

19-4419. Return of papers to court. The magistrate must annex together the depositions, the search warrant and return, and the inventory, and return them to the next term of the court having power to inquire into the offenses in respect to which the search warrant was issued, at …

19-4420. Search of accused person. When a person charged with a felony is supposed by the magistrate before whom he is brought to have on his person a dangerous weapon, or any thing which may be used as evidence of the commission of the offense, the magistrate may direct him to b…