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 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 be 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.
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.
NOTE: Laws 2005, c. 426, § 3 repealed by Laws 2006, c. 16, § 5, emerg. eff. March 29, 2006.
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