KSC, TITLE 6.  THE JUDICIARY
 
 
Chapter 43.  Search Warrant

Section 6.4301.  Definition.
Section 6.4302.  Issuance of warrant.
Section 6.4303.  Property subject to warrant.
Section 6.4304.  Procedure.
Section 6.4305.  Time of execution and return.
Section 6.4306.  Execution and return of warrant.
Section 6.4307.  Hearing following return of search warrant.
Section 6.4308.  [Filing] of search warrant and accompanying papers.
Section 6.4309.  Entrance for execution of warrant.
Section 6.4310.  Motion for return of property and suppression of evidence.
Section 6.4311.  Sale of perishable property.
Section 6.4312.  Effect of irregularity.

      Section 6.4301.  Definition.
       In this chapter the term "property" includes a document, book, paper, or tangible object.

      Section 6.4302.  Issuance of warrant.
       Only a justice of the Court issues a search warrant.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.  The constitutional provisions on personal freedoms are found in Kosrae Const., Art. II.  The FSM constitutional provisions on declaration of rights are found in FSM Const., Art. IV.

      Section 6.4303.  Property subject to warrant.
       A search warrant may apply only to the following:

     (1)  property, of which the law prohibits possession;

     (2)  property stolen or taken under false pretenses or embezzled, or found and fraudulently appropriated;

     (3)  a forged instrument or counterfeit coin intended for passing or an instrument or material for making them;

     (4)  arms or munitions prepared for insurrection or riot;

     (5)  property needed as evidence or otherwise in the trial of an accused; or

     (6)  property designed, or intended for use, in the commission of an offense.

      Section 6.4304.  Procedure.
       A person who seeks issuance of a search warrant personally appears before the Court and makes application setting forth the grounds for issuance.  The Court may receive a supporting statement under oath.  The application and statement may be either written or oral.  If the Court finds practicable, it places an oral application in writing for signature and oath by the person making it.  If the Court is satisfied that grounds for the application exist or that there is probable cause to find that they exist, it issues a search warrant identifying the property and naming or describing the person or place for search.

      Section 6.4305.  Time of execution and return.
       A search warrant orders a police officer to search the person or place named for the stated property.  A warrant orders service in the daytime, except that, if an application for warrant or a statement under oath in support of the application state with certainty that the property is on the person or in the place for search, the warrant may direct execution at any time.  A warrant designates that the Court will receive return of the warrant. It designates the period for execution and return of the warrant which does not exceed ten days.

      Section 6.4306.  Execution and return of warrant.

     (1)  The person seizing property pursuant to a search warrant gives to the person from whom or from whose premises he seized the property a copy of the warrant and a receipt for the seized property or leaves the copy and receipt at the place from which he seized the property.

     (2)  Promptly following completion of the search, the person executing a search warrant writes on the warrant a signed statement of action taken pursuant to the warrant, showing the date of the search, the person or place searched, and the person to whom he gave a copy of the warrant and a receipt for the property taken or the place where he left the copy and receipt.  He delivers to the Court the warrant, with a written inventory of property taken, and the property seized.

     (3)  The seizing person writes the inventory in the presence of the applicant for the warrant and the person from whose possession or premises he seized the property, or in the presence of at least one credible person other than the applicant for the warrant or the person from whose possession or premises he seized the property following the seizing person's signed sworn statement that the inventory is a true account of all property seized by him pursuant to the warrant.  Upon return of a search warrant and a request the Court provides a copy of an inventory to the person from whom or from whose premises the executing person seized the property and to the applicant for the warrant.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.  The constitutional provisions on personal freedoms are found in Kosrae Const., Art. II.  The FSM constitutional provisions on declaration of rights are found in FSM Const., Art. IV.

      Section 6.4307.  Hearing following return of search warrant.
       If a person contests the grounds on which a warrant has issued, upon return of the warrant the Court hears testimony, reducing the testimony of each witness to writing for the witness' signature.  If the Court finds that the seized property is not the property described in the warrant or that probable cause does not exist for the grounds upon which the Court issued the warrant, the Court orders restoration of the property to the person from whom the executing party seized it.  If it appears to the Court that the seized property is the property described in the warrant and that probable cause exists for the grounds upon which it issued the warrant, the Court orders retention or disposal of the property by the Government pursuant to law.

      Section 6.4308.  [Filing] of search warrant and accompanying papers.
       Upon return of a warrant the Court retains together the warrant, the inventory, relevant documents, and an order made for disposition of the seized property.

      Section 6.4309.  Entrance for execution of warrant.
       If a search warrant designates a building or ship as a place for search, the person executing the warrant may enter without demanding permission if he finds the building or ship open.  If he finds the building or ship closed, he first demands entrance in a loud voice and states that he wants to execute a search warrant.  If an occupant does not immediately open the door, gate, or bar to entrance, the executing person may force an entrance, by breaking if necessary.  Upon entering he may demand that an occupant open for inspection a part of the building or ship, a closet, or closed space within the area designated in the warrant in which he has reason to suspect concealment of the property.  If refused, he may gain access by breaking.  A demand or statement of a person executing a search warrant is in a language known to an occupant.

      Section 6.4310.  Motion for return of property and suppression of evidence.
       A person aggrieved by an unlawful search or seizure may move for return of the property and suppression of the use of seized property as evidence.  A motion to suppress occurs before trial or hearing unless opportunity did not exist before trial or hearing or the accused was not aware of the ground for the motion, or the Court entertains the motion at the trial or hearing.  Upon the making of a motion the Court reviews an order made upon the return of the warrant and receives evidence on an issue of fact.  If the Court grants the motion, it orders the return of the seized property to the owner, unless it is subject to lawful detention, and orders that the property is not admissible in evidence.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.  The constitutional provisions on personal freedoms are found in Kosrae Const., Art. II.  The FSM constitutional provisions on declaration of rights are found in FSM Const., Art. IV.

      Section 6.4311.  Sale of perishable property.
       The Court may order the sale of perishable seized property and disposition of the proceeds pursuant to law or rule.

      Section 6.4312.  Effect of irregularity.
       The appellate court does not invalidate or set aside a court proceeding, finding, order, or sentence for an error or omission, technical or otherwise, in a search warrant proceeding, unless it finds that the error or omission has prejudiced the accused.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.
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