Section 690.45. Search warrants; form and content  


Latest version.
  • A search warrant must contain:
        1.  The name of the issuing court and, except where the search warrant
      has  been  obtained  on  an  oral  application,  the subscription of the
      issuing judge; and
        2. Where the search warrant has been obtained on an oral  application,
      it  shall  so indicate and shall state the name of the issuing judge and
      the time and date on which such judge directed its issuance.
        3.  The name, department or classification of the  police  officer  to
      whom it is addressed; and
        4.  A  description of the property which is the subject of the search,
      or, in the case of a search warrant  as  defined  in  paragraph  (b)  of
      subdivision  two  of  section  690.05, a description of the person to be
      searched for; and
        5.  A designation or description of the place, premises or  person  to
      be  searched,  by  means  of address, ownership, name or any other means
      essential to identification with certainty; and
        6.  A direction that the warrant be executed between the hours of 6:00
      A.M. and 9:00 P.M., or, where the court has specially so determined,  an
      authorization for execution thereof at any time of the day or night; and
        7.    An  authorization,  where the court has specially so determined,
      that the executing police officer enter  the  premises  to  be  searched
      without giving notice of his authority and purpose; and
        8.  A  direction  that  the  warrant  and any property seized pursuant
      thereto be returned and  delivered  to  the  court  without  unnecessary
      delay; and
        9.  In  the  case  of  a search warrant as defined in paragraph (b) of
      subdivision two of section 690.05, a copy of the warrant of  arrest  and
      the underlying accusatory instrument.