690.40 - Search warrants; determination of application.

§ 690.40  Search warrants; determination of application.    1.    In determining an application for a search warrant the court may  examine, under oath, any person whom it believes may  possess  pertinent  information.  Any such examination must be either recorded or summarized  on the record by the court.    2. If the court is satisfied that there is reasonable cause to believe  that  property of a kind or character referred to in section 690.10, and  described in the application,  may  be  found  in  or  upon  the  place,  premises,  vehicle or person designated or described in the application,  or, in the case of an application for a search  warrant  as  defined  in  paragraph  (b)  of  subdivision  two  of  section  690.05, that there is  reasonable cause to believe that the person who  is  the  subject  of  a  warrant  of  arrest,  a  superior  court  warrant  of arrest, or a bench  warrant for a felony may be found at  the  premises  designated  in  the  application,  it  may  grant  the application and issue a search warrant  directing a search of the said place, premises, vehicle or person and  a  seizure  of the described property or the described person. If the court  is further satisfied that grounds,  described  in  subdivision  four  of  section  690.35, exist for authorizing the search to be made at any hour  of the day or night, or without giving notice of  the  police  officer's  authority  and  purpose,  it  may  make  the  search  warrant executable  accordingly.    3. When a judge determines to issue a search  warrant  based  upon  an  oral  application,  the  applicant therefor shall prepare the warrant in  accordance with section 690.45 and  shall  read  it,  verbatim,  to  the  judge.