State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-245

§ 15A‑245.  Basis forissuance of a search warrant; duty of the issuing official.

(a)        Before acting onthe application, the issuing official may examine on oath the applicant or anyother person who may possess pertinent information, but information other thanthat contained in the affidavit may not be considered by the issuing officialin determining whether probable cause exists for the issuance of the warrantunless the information is either recorded or contemporaneously summarized inthe record or on the face of the warrant by the issuing official. Theinformation must be shown by one or more of the following:

(1)        Affidavit; or

(2)        Oral testimony underoath or affirmation before the issuing official; or

(3)        Oral testimony underoath or affirmation presented by a sworn law enforcement officer to the issuingofficial by means of an audio and video transmission in which both parties cansee and hear each other. Prior to the use of audio and video transmissionpursuant to this subdivision, the procedures and type of equipment for audioand video transmission shall be submitted to the Administrative Office of theCourts by the senior regular resident superior court judge and the chiefdistrict court judge for a judicial district or set of districts and approvedby the Administrative Office of the Courts.

(b)        If the issuingofficial finds that the application meets the requirements of this Article andfinds there is probable cause to believe that the search will discover itemsspecified 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 thisArticle. The issuing official must retain a copy of the warrant and warrantapplication and must promptly file them with the clerk. If he does not so find,the official must deny the application. (1973, c. 1286, s. 1; 2005‑334, s. 1.)