Oklahoma § 22-1230 When search warrant may be served.

Oklahoma Statutes

§ 22-1230 — When search warrant may be served.

Oklahoma § 22-1230

Title 22Criminal Procedure

This text of Oklahoma § 22-1230 (When search warrant may be served.) is published on Counsel Stack Legal Research, covering Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Okla. Stat. tit. 22, § 22-1230 (2026).

Text

Search warrants for occupied dwellings shall be served between the hours of six o’clock a.m. and ten o’clock p.m., inclusive, unless the judge finds the existence of at least one of the following circumstances: 1. The evidence or person is located on the premises only between the hours of ten o’clock p.m. and six o’clock a.m.; 2. The search to be performed is a crime scene search; 3. The affidavits are positive that the property is on the person or in the place to be searched and the judge finds that there is likelihood that the property named in the search warrant will be destroyed, moved or concealed; or 4. The search to be performed is a search for evidence relating to the illegal manufacture of methamphetamine or other controlled dangerous substance. If any of the above criteria are me

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Search warrants for occupied dwellings shall be served between the hours of six o’clock a.m. and ten o’clock p.m., inclusive, unless the judge finds the existence of at least one of the following circumstances: 1. The evidence or person is located on the premises only between the hours of ten o’clock p.m. and six o’clock a.m.; 2. The search to be performed is a crime scene search; 3. The affidavits are positive that the property is on the person or in the place to be searched and the judge finds that there is likelihood that the property named in the search warrant will be destroyed, moved or concealed; or 4. The search to be performed is a search for evidence relating to the illegal manufacture of methamphetamine or other controlled dangerous substance. If any of the above criteria are met the judge may insert a direction that the warrant be served at any time of the day or night. Search warrants for sites other than occupied dwellings may be served at any time of the day or night without a special direction.

Legislative History

R.L. 1910, § 6068. Amended by Laws 1971, c. 120, § 3, emerg. eff. May 3, 1971; Laws 1990, c. 148, § 2, emerg. eff. May 1, 1990; Laws 1996, c. 15, § 1, eff. Nov. 1, 1996; Laws 2005, c. 353, § 1, eff. Nov. 1, 2005; Laws 2024, c. 39, § 5, eff. Nov. 1, 2024. NOTE: Laws 2005, c. 426, § 3 repealed by Laws 2006, c. 16, § 5, emerg. eff. March 29, 2006.