Section 6-109 - Home detention program - Search of dwelling.
§ 6-109. Home detention program - Search of dwelling.
(a) Application for search warrant - Required.- The Director may apply to a judge of the District Court or a circuit court for a search warrant to enter the approved dwelling of an offender in the program to search for the offender.
(b) Application for search warrant - Form and contents.- An application for a search warrant shall:
(1) be in writing;
(2) be verified by the applicant; and
(3) describe the premises to be searched and the nature, scope, and purpose of the search.
(c) Issuance of warrant.- A judge who receives an application for a search warrant may issue a warrant on a finding that:
(1) the scope of the proposed search is reasonable; and
(2) obtaining consent to enter the premises may jeopardize the attempt to take custody of the offender.
(d) Scope of warrant.-
(1) A search warrant issued under this section shall specify the location of the premises to be searched.
(2) A search conducted in accordance with a search warrant issued under this section may not exceed the limits specified in the warrant.
(e) Execution and return.- A search warrant issued under this section shall be executed and returned to the issuing judge:
(1) within the period specified in the warrant, which may not exceed 30 days from the date of issuance; or
(2) within 15 days after the warrant is issued, if no period is specified in the warrant.
[An. Code 1957, art. 41, § 4-602B; 1999, ch. 54, § 2.]