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Current as of January 01, 2023 | Updated by Findlaw Staff
(a) Before acting on the application, the issuing official may examine on oath the applicant or any other person who may possess pertinent information, but information other than that contained in the affidavit may not be considered by the issuing official in determining whether probable cause exists for the issuance of the warrant unless the information is either recorded or contemporaneously summarized in the record or on the face of the warrant by the issuing official. The information must be shown by one or both of the following:
(1) Affidavit.
(2) Oral testimony under oath or affirmation before the issuing official.
(3) Repealed by S.L. 2021-47, § 10(c), eff. June 18, 2021.
(b) If the issuing official finds that the application meets the requirements of this Article and finds there is probable cause to believe that the search will discover items specified in the application which are subject to seizure under G.S. 15A-242, he must issue a search warrant in accordance with the requirements of this Article. The issuing official must retain a copy of the warrant and warrant application and must promptly file them with the clerk. If he does not so find, the official must deny the application.
Cite this article: FindLaw.com - North Carolina General Statutes Chapter 15A. Criminal Procedure Act § 15A-245. Basis for issuance of a search warrant; duty of the issuing official - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-15a-criminal-procedure-act/nc-gen-st-sect-15a-245/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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