Article 7
| No: 228 | Date(g): 8/1/2019 | Date(h): 2/5/1440 | Status: In-Force |
In implementation of Article 7 of the Law:
| 1. | A warrant to enter and search residences shall be issued by the head of the public prosecution branch in the area or his designee. | |||||
| 2. | A warrant to enter and search non-residential premises shall be issued by an investigator having territorial and subject-matter jurisdiction. | |||||
| 3. | A warrant to enter and search residences, offices, or buildings shall be in writing. The warrant shall be reasoned and shall include the name, signature, and capacity of the person who issued it; date and time of issuance; and scope of the search. | |||||
| 4. | The exigent circumstances referred to in Article 7(3) of the Law, where no warrant is required to enter and search residences, offices, or buildings shall include: | |||||
| a. | Cases of flagrante delicto in crimes stipulated in the Law. | |||||
| b. | If, based on field or technical investigation, it is established that failure to respond promptly might result in the escape of wanted persons; destruction, disposition of, or removal of evidence relating to any of the crimes stipulated in the Law; or loss of crime funds, proceeds, means, documents, possessions, and the like. | |||||
Reasons and findings of the search shall be submitted to the Public Prosecution within a period not exceeding 24 hours from completion of such search.