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Clerk Handbooks

Supreme Court Rules




Section/Rule:

No. 39B

Subject:

Forms - Rules of Criminal Procedure - Criminal Procedures Forms

Publication / Adopted Date:


Topic:

Search Warrant Authorizing Search for Stolen Property

Revised / Effective Date:


FORM NO. 39B

SEARCH WARRANT AUTHORIZING SEARCH FOR STOLEN PROPERTY

(Complaint under Form No. 38)

STATE OF MISSOURI )
) ss.
COUNTY OF ___________ )

IN THE MAGISTRATE COURT OF _____________ COUNTY

THE STATE OF MISSOURI TO ANY PEACE OFFICER IN THE STATE OF MISSOURI:

WHEREAS a complaint in writing, duly verified by oath, has been filed with the undersigned Judge of this court, stating upon information and belief that heretofore the following described personal property, to-wit: ______
_______________________________________________________________________________________ ________________________________________________________________________________________of the goods and chattels of ________________, has been unlawfully stolen, and that said property is being kept or held in this county and state at and in ___________________________________________________________
_________________________________________; and,

WHEREAS, the Judge of this Court from the sworn allegations of said complaint and from the supporting written affidavits filed therewith has found that there is probable cause to believe the allegations of the complaint to be true and probable cause for the issuance of a search warrant herein;

NOW, THEREFORE, these are to command you that you search the said premises above described within 10 days after the issuance of this warrant by day or night, and take with you, if need be, the power of your county, and, if said above described property or any part thereof be found on said premises by you, that you seize the same and take same into your possession, making a complete and accurate inventory of the property so taken by you in the presence of the person from whose possession the same is taken, if that be possible, and giving to such person a receipt for such property, together with a copy of this warrant, or, if no person be found in possession of said property, leaving said receipt and said copy upon the premises searched, and that you thereafter return the property so taken and seized by you, together with a duly verified copy of the inventory thereof and with your return to this warrant to this court to be herein dealt with in accordance with law. Witness my hand and the seal of this court on
this _____ day of _____________, 19___.

____________________________
JUDGE OF SAID COURT
(REVERSE SIDE)

RETURN AND INVENTORY

I, _________________, being a peace officer within and for the aforesaid county, to-wit: ___________, do hereby make return to the above and within warrant as follows: that on the _____ day of ___________, 19___, and within ten days after issuance of said warrant, I went to the location and premises described therein and searched the same for personal property described therein, and that upon said premises I discovered the following personal property described in the warrant which I then and there took into my possession (here inventory of property taken): _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________, that I made this inventory in the presence of the person from whose possession I took said property (that there was no person present from whose possession said property was taken); that I delivered to such person a receipt for the property taken, together with a copy of this warrant (that there being no person in possession of said property present on said premises, I left a copy of this warrant with a receipt for the property taken, in a conspicuous place on said premises); that I have now placed said property so taken in the possession of this court.

_________________________________
_________________________________

Subscribed and sworn to before me this _____ day of _____________, 19___

____________________________
CLERK, MAGISTRATE COURT