[Code of Federal Regulations]

[Title 25, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 25CFR11.305]



[Page 26]

 

                            TITLE 25--INDIANS

 

     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

 

PART 11_LAW AND ORDER ON INDIAN RESERVATIONS--Table of Contents

 

                      Subpart C_Criminal Procedure

 

Sec.  11.305  Search warrants.



    (a) Each magistrate of a Court of Indian Offenses shall have the 

authority to issue a warrant for the search of premises and for the 

seizure of physical evidence of a criminal violation under the 

regulations of this part located within the Indian country over which 

the court has jurisdiction.

    (b) No warrant for search or seizure may be issued unless it is 

based on a written and signed statement establishing, to the 

satisfaction of the magistrate, that probable cause exists to believe 

that the search will lead to discovery of evidence of a criminal 

violation under the regulations of this part.

    (c) No warrant for search or seizure shall be valid unless it 

contains the name or description of the person, vehicle, or premises to 

be searched, describes the evidence to be seized, and bears the 

signature of the magistrate who issued it.

    (d) Warrants may be executed only by a BIA or tribal police officer 

or other official commissioned to enforce the regulations under this 

part. The executing officer shall return the warrant to the Court of 

Indian Offenses within the time limit shown on the face of the warrant, 

which in no case shall be longer than ten (10) days from the date of 

issuance. Warrants not returned within such time limits shall be void.