Search warrants; form and content

§ 690.45 Search warrants; form and content.

A search warrant must contain:

1. The name of the issuing court and, except where the search warrant has been obtained on an oral application, the subscription of the issuing judge; and

2. Where the search warrant has been obtained on an oral application, it shall so indicate and shall state the name of the issuing judge and the time and date on which such judge directed its issuance.

3. The name, department or classification of the police officer to whom it is addressed; and

4. A description of the property which is the subject of the search, or, in the case of a search warrant as defined in paragraph (b) of subdivision two of section 690.05, a description of the person to be searched for; and

5. A designation or description of the place, premises or person to be searched, by means of address, ownership, name or any other means essential to identification with certainty; and

6. A direction that the warrant be executed between the hours of 6:00 A.M. and 9:00 P.M., or, where the court has specially so determined, an authorization for execution thereof at any time of the day or night; and

7. An authorization, where the court has specially so determined, that the executing police officer enter the premises to be searched without giving notice of his authority and purpose; and

8. A direction that the warrant and any property seized pursuant thereto be returned and delivered to the court without unnecessary delay; and

9. In the case of a search warrant as defined in paragraph (b) of subdivision two of section 690.05, a copy of the warrant of arrest and the underlying accusatory instrument.