D.C. Super. Ct. Juv. R. 41

(a) Authority to issue warrant. A search warrant authorized by this Rule may be issued by

a judge of the Superior Court.

(b) Property or persons which may be seized with a warrant. A warrant may be issued

under this Rule to search for and seize any (1) property that is stolen or embezzled; or (2)

contraband, the fruits of a crime, or things otherwise illegally possessed; or (3) property

which has been used or is possessed for the purpose of being used, or is designed or

intended to be used to commit or conceal the commission of a delinquent act; or (4)

property that constitutes evidence of or tends to demonstrate the commission of a

delinquent act or the identity of a person participating in the commission of a delinquent

act; or (5) person for whose arrest there is probable cause, or who is unlawfully restrained.

(c) Application for search warrants. Each application for a search warrant shall be made

in writing upon oath to a judge of the Superior Court. Each application shall include the

name and title of the applicant; a statement that there is probable cause to believe that

property or persons described in paragraph (b) as subject to seizure are likely to be found

in a designated premise, in a designated vehicle or object, or upon designated persons;

allegations of fact supporting such statement; and a request that the judge issue a search

warrant directing a search for and seizure of the property or person in question. The

applicant may also submit depositions or affidavits of other persons containing allegations

of fact supporting or tending to support those contained in the application.

The application may also contain a request that the search warrant be made

executable at any hour of the day or night, upon the ground that (1) there is probable

cause to believe that it cannot be executed during the hours of daylight, (2) the property

sought is likely to be removed or destroyed if not seized forthwith, or (3) the property or

person sought is not likely to be found except at certain times or in certain circumstances.

Any request that a search warrant be executable at any time of the day or night must be

accompanied and supported by allegations of fact supporting such request.

(d) Issuance and contents. Upon application of a law enforcement officer or the Office of

the Attorney General, a judge of the Superior Court may issue a search warrant if the

judge is satisfied that grounds for its issuance exist or that there is probable cause to

believe that they exist. A finding of probable cause may be based upon hearsay evidence

in whole or in part. A search warrant shall contain --

(1) The name of the Superior Court and the Division thereof, the name and signature of

the issuing judge, and the date of issuance;

(2) The name of the officer, if the warrant is addressed to a specific law enforcement

officer, or otherwise, the classifications of officers or agents to whom the warrant is

addressed;

(3) A designation of the premises, vehicles, objects, or persons to be searched,

sufficient for certainty of identification;

(4) A description of the property whose seizure is the object of the warrant;

(5) A direction that the warrant be executed during the hours of daylight or, where the

judge has found cause therefor under paragraph (c) of this Rule, an authorization for

execution at any time of the day or night;

(6) A direction that the warrant and an inventory of any property or person seized

pursuant thereto be returned to the Family Court on the next court day after its execution.

(e) Execution; return with inventory.

(1) Time of execution. A search warrant shall not be executed more than 10 days after

the date of issuance. A search warrant may be executed on any day of the week and, in

the absence of express authorization in the warrant, shall be executed only during hours of

daylight.

(2) Place of execution. A search warrant may be executed anywhere in the District of

Columbia.

(3) Manner of execution. An officer or agent executing a warrant directing a search of

a dwelling house, other building, or vehicle break and enter any of these premises

pursuant to 18 U.S.C. § 3109. An officer or agent executing a warrant directing a search of

a person shall give, or make reasonable effort to give, notice of the officer's or agent's

identity and purpose to the person.

(4) Inventory and return. An officer or agent executing a search warrant shall write

and subscribe an inventory setting forth the time of the execution of the search warrant

and the property seized under it. If the search is of a person, a copy of the warrant and of

the return shall be given to that person. If the search is of a place, vehicle, or object a copy

of the warrant and of the return shall be given to the owner if the owner is present, or if the

owner is not, to an occupant, custodian, or other person present, or if no person is present,

the officer or agent shall post a copy of the warrant and of the return on the place, vehicle,

or object searched.

(f) Filing of papers; disposition of seized property. A copy of the warrant shall be filed with

the Family Court on the next court day after its execution, together with a copy of the

return. Property seized in the execution of the warrant shall be safely kept for use as

evidence. No property seized shall be released or destroyed except in accordance with law

and upon order of a court or of the United States attorney or Office of the Attorney General

for the District of Columbia or one of their assistants.

(g) Motion for return of property and to suppress evidence. A person aggrieved by an

unlawful search and seizure or by the deprivation of property may move the Family Court

for the return of the property and to suppress for use as evidence anything so obtained on

the ground that such person is entitled to lawful possession of the property. The Family

Court shall receive evidence on any issue of fact necessary to the decision of the motion. If

the motion is granted and has become final the property shall be returned to the movant,

although reasonable conditions may be imposed to protect access and use of the property

in subsequent proceedings.

(h) Scope and definition. This Rule does not modify any act, inconsistent with it,

regulating search, seizure and the issuance and execution of search warrants in

proceedings regarding juvenile delinquency or persons in need of supervision. The term

"property" is used in this Rule to include documents, books, papers, and any other tangible

objects.