10A NCAC 28C .0309      ISSUANCE OF A SEARCH WARRANT

If there is probable cause to believe that a client is in possession of the following items and if criminal prosecution of the client is anticipated, such information shall be conveyed by proper affidavit to a magistrate or other official authorized to determine whether a search warrant should be issued:

(1)           contraband or otherwise unlawfully possessed items including, but not limited to, illegal drugs, weapons, or stolen items;

(2)           an item which constitutes evidence of a criminal offense; or

(3)           an item which constitutes evidence of the identity of a person participating in a criminal offense.

History Note:        Authority G.S. 15A‑241 through 15A‑245; 131E‑67; 143B‑147;

Eff. October 1, 1984;

Amended Eff. April 1, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.