property. A. A search warrant may be issued and property seized upon any of the following grounds: First: When the property was stolen or embezzled, in which case it may be taken on the warrant, from any house or other place in which it is concealed, or from the possession of the person by whom it was stolen or embezzled, or of any other person in whose possession it may be. Second: When it was used as the means of committing a felony, in which case it may be taken on the warrant from any house or other place in which it is concealed, or from the possession of the person by whom it was used in the commission of the offense, or of any other person in whose possession it may be. Third: When it is in the possession of any person, with the intent to use it as the means of committing a public offense, or in the possession of another to whom the person may have delivered it for the purpose of concealing it or preventing its being discovered, in which case it may be taken on the warrant from such person, or from a house or other place occupied by the person, or under the person’s control, or from the possession of the person to whom the person may have so delivered it. Fourth: When the property constitutes evidence that an offense was committed or that a particular person participated in the commission of an offense. Fifth: When there is probable cause to believe that, at a future time, the property or items sought which are intended to be used to commit a public offense, will be located at a particular place. Under such circumstances, the magistrate shall insert a direction in the search warrant making execution of the warrant contingent upon the happening of an event which evidences probable cause that the item to be seized is in the place to be searched. Sixth: As authorized by any provision of the Security of Communications Act. B. A search warrant may be issued to allow peace officers to enter, search for, and seize a person for whom an arrest warrant has been issued. R.L.1910, § 6060. Amended by Laws 1969, c. 223, § 1, emerg. eff. April 21, 1969; Laws 2007, c. 358, § 9, eff. July 1, 2007; Laws 2024, c. 39, § 2, eff. Nov. 1, 2024.
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