19-4406. ISSUANCE OF WARRANT. If the magistrate is thereupon satisfied of the existence of the grounds of the application, or that there is probable cause to believe their existence, he must issue a search warrant, signed by him with his name of office, to a peace officer in his county, commanding him forthwith to search the person or place named, for the property specified, and to bring it before the magistrate.
If the affidavit for the warrant is related to the court telephonically, the magistrate may verbally authorize a peace officer to sign the magistrate’s name on a duplicate original warrant, which verbal authorization shall be recorded and transcribed. After service of the warrant, this duplicate original warrant must be returned to the magistrate who authorized the signing of his name on it. The magistrate shall then endorse his name and enter the date on the warrant when it is returned to him. Any failure of the magistrate to make such an endorsement does not in itself invalidate the warrant.
History:
[(19-4406) Cr. Prac. 1864, sec. 634, p. 291; R.S., R.C. & C.L., sec. 8395; C.S., sec. 9324; I.C.A., sec. 19-4506; am. 1994, ch. 415, sec. 2, p. 1304.]
Structure Idaho Code
Section 19-4401 - SEARCH WARRANT DEFINED.
Section 19-4402 - USE OF SEARCH WARRANT.
Section 19-4403 - AFFIDAVIT OF PROBABLE CAUSE.
Section 19-4404 - ORAL AFFIDAVIT — TELEPHONIC AFFIDAVIT — PROCEDURES.
Section 19-4406 - ISSUANCE OF WARRANT.
Section 19-4407 - FORM OF WARRANT.
Section 19-4408 - SERVICE OF WARRANT.
Section 19-4409 - SERVICE OF WARRANT — BREAKING OPEN DOORS.
Section 19-4410 - BREAKING DOORS TO LIBERATE OFFICER OR ASSISTANT.
Section 19-4411 - SERVICE OF WARRANT AT NIGHT.
Section 19-4412 - TIME FOR EXECUTING WARRANT.
Section 19-4413 - RECEIPT FOR PROPERTY TAKEN.
Section 19-4414 - DISPOSITION OF PROPERTY.
Section 19-4415 - RETURN OF WARRANT.
Section 19-4416 - COPY OF INVENTORY.
Section 19-4417 - CONTEST OF WARRANT.
Section 19-4418 - RESTORATION OF PROPERTY.