(a) The Commissioner or the Commissioner's designee may apply to a judge of the District Court or a circuit court for a search warrant to enter the approved dwelling of an incarcerated individual in the program to search for the incarcerated individual.
(b) An application for a search warrant shall:
(1) be in writing;
(2) be verified by the applicant; and
(3) describe the premises to be searched and the nature, scope, and purpose of the search.
(c) A judge who receives an application for a search warrant may issue a warrant on a finding that:
(1) the scope of the proposed search is reasonable; and
(2) obtaining consent to enter the premises may jeopardize the attempt to take custody of the incarcerated individual.
(d)(1) A search warrant issued under this section shall specify the location of the premises to be searched.
(2) A search conducted in accordance with a search warrant issued under this section may not exceed the limits specified in the warrant.
(e) A search warrant issued under this section shall be executed and returned to the issuing judge:
(1) within the period specified in the warrant, which may not exceed 30 days from the date of issuance; or
(2) within 15 days after the warrant is issued, if no period is specified in the warrant.
Credits
Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
Current through legislation effective through June 1, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
