19-4406. ISSUANCE OF WARRANT. If the magistrate is thereupon satisfied of the existence of the grounds of the application, or that there is probable cause to believe their existence, he must issue a search warrant, signed by him with his name of office, to a peace officer in his county, commanding him forthwith to search the person or place named, for the property specified, and to bring it before the magistrate.
If the affidavit for the warrant is related to the court telephonically, the magistrate may verbally authorize a peace officer to sign the magistrate’s name on a duplicate original warrant, which verbal authorization shall be recorded and transcribed. After service of the warrant, this duplicate original warrant must be returned to the magistrate who authorized the signing of his name on it. The magistrate shall then endorse his name and enter the date on the warrant when it is returned to him. Any failure of the magistrate to make such an endorsement does not in itself invalidate the warrant.
History:
[(19-4406) Cr. Prac. 1864, sec. 634, p. 291; R.S., R.C. & C.L., sec. 8395; C.S., sec. 9324; I.C.A., sec. 19-4506; am. 1994, ch. 415, sec. 2, p. 1304.]
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