13-3916. Service of warrant; breaking and
entering to execute


A. A search warrant may be served by any peace officer but by no other person
except in aid of an officer engaging in service of the warrant.


B. An officer may break into a building, premises or vehicle or any part of a
building, premises or vehicle, to execute the warrant when:


1. After notice of the officer's authority and purpose, the officer receives no
response within a reasonable time.


2. After notice of the officer's authority and purpose, the officer is refused
admittance.


3. A magistrate has authorized an unannounced entry pursuant to section 13-3915.


4. The particular circumstances and the objective articulable facts are such that a
reasonable officer would believe that giving notice of the officer's authority and
purpose before entering would endanger the safety of any person or result in the
destruction of evidence.


C. A peace officer executing a search warrant may seize any property discovered in
the course of the execution of the warrant if the officer has reasonable cause to believe
that the item is subject to seizure under section 13-3912, even if the property is not
enumerated in the warrant.


D. A peace officer executing a search warrant may make or cause to be made
photographs, measurements, impressions or scientific tests.


E. A peace officer executing a search warrant directing a search of any premises or
a vehicle may search any person in the premises or vehicle if either of the following
applies:


1. It is reasonably necessary to protect himself or others from the use of any
weapon that may be concealed upon the person.


2. It reasonably appears that property or items enumerated in the search warrant
may be concealed upon the person.