§ 23A-5-206 — Search warrants.

(1) A search warrant may be issued by a magistrate to search for property that may constitute evidence of a violation of this title, rules, or proclamations of the Wildlife Board upon an affidavit of a person.
(2) The search warrant shall be directed to a natural resources officer or a peace officer, directing the officer to search for evidence and to bring the evidence before the magistrate.
(3) A search warrant may not be issued except upon probable cause supported by oath or affirmation, particularly describing the place, person, or thing to be searched for and the person or thing to be seized.
(4) The warrant shall be served in the daytime, unless there is reason to believe that the service of the search warrant is required immediately because a person may:
(4)(a) flee the jurisdiction to avoid prosecution or discovery of a violation noted above;
(4)(b) destroy or conceal evidence of the commission of a violation; or
(4)(c) injure another person or damage property.
(5) Notwithstanding Subsection (4), a search warrant may be served at night if:
(5)(a) there is reason to believe that a violation may occur at night; or
(5)(b) the evidence of the violation may not be available to the officers serving the warrant during the day.

Legislative History

Amended by Chapter 80, 2024 General Session