(2)2.2 Orders & Qualifications

(2)2.2 Orders and Qualifications

This section provides statutes related to judiciary orders and the qualifications that shall be met for issuance.

(2)2.2.1 Warrants

A court of competent jurisdiction shall only order the issuance of a warrant if the following qualifications of this statute are satisfied.

(a) Bench Warrant:

1. Probable cause exists to believe that a criminal offense has been committed; and
2. Probable cause exists to believe that the person named in the warrant committed the offense; and
3. The warrant is supported by oath or affirmation, including a sworn statement or affidavit; and
4. The warrant particularly describes the person to be arrested; and
5. The warrant is issued by a court of competent jurisdiction.

(b) Search Warrant:

1. Probable cause exists to believe that a criminal offense has been committed; and
2. Probable cause exists to believe that evidence, contraband, fruits of a crime, or instrumentalities of a crime will be found in the place to be searched; and
3. The warrant is supported by oath or affirmation, including a sworn statement or affidavit, setting forth facts sufficient to establish probable cause; and
4. The warrant particularly describes the place to be searched and the items or persons to be seized; and
5. The warrant is issued by a court of competent jurisdiction.

(2)2.2.2 Subpoenas

A court of competent jurisdiction shall only order the issuance of a warrant if the following qualifications of this statute are satisfied.

(a) Subpoena for Testimony:

1. The testimony sought is relevant and material to an official proceeding; and
2. The person named in the subpoena is reasonably believed to possess information pertinent to the proceeding; and
3. The subpoena clearly identifies the person required to appear and testify; and
4. The subpoena specifies the time, date, and place at which testimony is required; and
5. The subpoena is issued by a court of competent jurisdiction.

(b) Subpoena for Discovery:

1. The items, records, or information sought are relevant and material to an official proceeding; and
2. The person or entity named in the subpoena is reasonably believed to possess or control the items sought; and
3. The subpoena particularly describes the items, records, or information to be produced; and
4. The subpoena specifies a reasonable time, date, and manner for production; and
5. The subpoena is issued by a court of competent jurisdiction.