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45.0215 Search warrants for the protection of children.

Cite as [A.S.C.A. § 45.0215]

(a) A search warrant may be issued by the Court to search any place for the recovery of any child within the jurisdiction of the Court believed to be a delinquent child, a child in need of supervision, or a neglected or dependent child.

(b) The warrant shall be issued only on the conditions that the application for the warrant shall:

(1) be in writing and supported by affidavit sworn to or affirmed before the Court;

(2) name or describe with particularity the child sought;

(3) state that the child is believed to be a delinquent child, a child in need of supervision, or a neglected or dependent child and the reasons upon which that belief is based;

(4) state the address or legal description of the place to be searched; and

(5) state the reasons why it is necessary to proceed under this section instead of proceeding under 45.0301 through 45.0304 and 45.0315.

(c) If the Court is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, it issues a search warrant identifying by name or describing with particularity the child sought and the place to be searched for the child.

(d) The search warrant is directed to any officer authorized by law to execute it.

(e) The warrant states the grounds or probable cause for its issuance and the names of the persons whose affidavits have been taken in support of it.

(f) The warrant is served in the daytime unless the application for the warrant alleges that it is necessary to conduct the search at some other time, in which case the Court may so direct.

(g) A copy of the warrant, the application for it and the supporting affidavit shall be served upon the person in possession of the place to be searched and where the child is to be sought.

(h) If the child is found, the child may be taken into custody in conformance with 45.0201.

(i) The warrant is returned to the issuing Court.

History: 1980, PL 16-71 § 1.

Research Guide: CRS 19-2-104.