North Carolina § 15A-245 Basis for issuance of a search warrant; duty of the issuing official

North Carolina Statutes

§ 15A-245 — Basis for issuance of a search warrant; duty of the issuing official

North Carolina § 15A-245

Ch. 15ACriminal Procedure Act

Art. 11Search Warrants

Subch. IILAW-ENFORCEMENT AND INVESTIGATIVE PROCEDURES

This text of North Carolina § 15A-245 (Basis for issuance of a search warrant; duty of the issuing official) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.C. Gen. Stat. § 15A-245 (2026).

Text

(a)Before acting on the application, the issuing official may examine on oath the applicant or any other person who may possess pertinent information, but information other than that contained in the affidavit may not be considered by the issuing official in determining whether probable cause exists for the issuance of the warrant unless the information is either recorded or contemporaneously summarized in the record or on the face of the warrant by the issuing official. The information must be shown by one or both of the following:

(1)Affidavit.

(2)Oral testimony under oath or affirmation before the issuing official.

(3)Repealed by Session Laws 2021-47, s. 10(c), effective June 18, 2021, and applicable to proceedings occurring on or after that date.

(b)If the issuing official finds t

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(a) Before acting on the application, the issuing official may examine on oath the applicant or any other person who may possess pertinent information, but information other than that contained in the affidavit may not be considered by the issuing official in determining whether probable cause exists for the issuance of the warrant unless the information is either recorded or contemporaneously summarized in the record or on the face of the warrant by the issuing official. The information must be shown by one or both of the following:
(1) Affidavit.
(2) Oral testimony under oath or affirmation before the issuing official.
(3) Repealed by Session Laws 2021-47, s. 10(c), effective June 18, 2021, and applicable to proceedings occurring on or after that date.
(b) If the issuing official finds that the application meets the requirements of this Article and finds there is probable cause to believe that the search will discover items specified in the application which are subject to seizure under G.S. 15A-242, he must issue a search warrant in accordance with the requirements of this Article. The issuing official must retain a copy of the warrant and warrant application and must promptly file them with the clerk. If he does not so find, the official must deny the application. (1973, c. 1286, s. 1; 2005-334, s. 1; 2021-47, s. 10(c).)