MS · rules

Miss. R. Crim. P. 4.2

Warrant on Affidavit

activein force · 2026-09-25 – presentact-effective-date

(a) In General. No search warrant shall issue except upon affidavit presented

to the issuing judge authorized by law to issue search warrants, establishing

grounds for issuing the warrant.

(b) Issuance. If the judge finds probable cause exists, the judge shall issue a

warrant naming or describing the person or thing to be seized, and naming or

describing the person or place to be searched.

History

Comment: Under section (b), probable cause for the issuance of a search warrant should be assessed under the totality-of-circumstances test. See Jordan v. State, 995 So. 2d 94 (Miss. 2008); Illinois v. Gates, 462 U.S. 213, 103 S. Ct. 2317, 76 L. Ed. 2d 527 (1983).

Provenance

Source: courts.ms.gov
Retrieved: 2026-09-25
Edition: 2026-09-25
Content hash: fb8dcd469d03d879f1e6cccd2bc34c6981f675eadcbc790eb11873ac9c4f42eb

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