33:1-57. Prerequisites to issuance of search warrant; contents; service
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/nj/title-33/chapter-1/33-1-57A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A search warrant shall only issue after
(1)proof under oath, which may be by written affidavit or deposition, has been produced before the issuing magistrate setting forth facts tending to establish the grounds of the application, or probable cause for believing that such grounds exist, and
(2)naming or describing the person or describing the premises, building, vehicle or other place to be searched.
If the issuing magistrate is 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 the title of his office, to any officer, or officers, stating the particular grounds, or probable cause, for its issuance, and the name or names of the person or persons sworn in support thereof, and commanding him forthwith to search the person, or the premises, building, vehicle or place to be searched.
A search warrant shall be served by the officer, or any of the officers, to whom the same is directed, but by no other person excepting in aid of said officer, he being present and acting in its execution.