13-3914

13-3914. Examination on oath;
affidavits

A. Before issuing a warrant, the magistrate may examine on oath the person or
persons seeking the warrant, and any witnesses produced, and must take his affidavit, or
their affidavits, in writing and cause the affidavit to be subscribed by the party or
parties making the affidavit. Before issuing the warrant, the magistrate may also
examine any other sworn affidavit submitted to him which sets forth facts tending to
establish probable cause for the issuance of the warrant.

B. The affidavit or affidavits must set forth the facts tending to establish the
grounds of the application, or probable cause for believing the grounds exist.

C. In lieu of, or in addition to, a written affidavit, or affidavits, as provided
in subsection A, the magistrate may take an oral statement under oath which shall be
recorded on tape, wire or other comparable method. This statement may be given in person
to the magistrate or by telephone, radio or other means of electronic
communication. This statement is deemed to be an affidavit for the purposes of issuance
of a search warrant. If a recording of the sworn statement is made, the statement shall
be transcribed at the request of the court or either party and certified by the
magistrate and filed with the court.