§ 595-B:3 — Issue; Contents

If a justice, associate justice, or special justice is satisfied that probable cause for the inspection, testing or sampling exists, he shall issue the warrant particularly describing each place, dwelling, structure, premises, vehicle or record to be inspected, tested or sampled, designating on the warrant the purpose and limitations of the inspection, testing or sampling, including the limitations required by this chapter. The person issuing a warrant shall retain each affidavit submitted in support of any warrant and shall either make personal notes of the substance, or arrange for a transcript, of any oral statements made under oath supplementing the affidavit. The person issuing the search warrant shall then deliver the affidavit and the notes or transcript within 3 days after the issuance of the warrant to the court to which the warrant is returnable. Upon the return of a warrant, the accompanying affidavit and the notes or transcript shall be attached to and filed with the warrant by the clerk of the court to which the warrant is returned. Warrants shall be public documents upon their return unless otherwise ordered by a court of record.

Legislative History

1981, 533:1, eff. Aug. 29, 1981.