R.I. Dist. Ct. R. Crim. P. 41

(a) Authority to Issue Warrant. A search warrant

authorized by this rule may be issued by a judge of the District Court, as well as by

any justice of the Supreme or Superior Courts.

(b) Grounds for Issuance. A warrant may be issued under this rule to search for

and seize any property.

(1) Stolen or embezzled, or obtained by any false pretense with intent to cheat or

defraud;

(2) Designed or intended for use or which is or has been used as the means of

committing a violation of law;

(3) Possession of which is unlawful;

(4) Which is evidence of the commission of a crime.

(c) Issuance and Contents. A warrant shall issue only on written application by

an officer or other person authorized by law to apply for a search warrant and

supported by an affidavit, sworn to before a person authorized by this rule to issue

warrants, specifically designating the place to be searched, the owner or occupant

thereof, if known to the affiant, and the person to be searched for, and establishing

the grounds for issuing the warrant. If the judge or justice is satisfied that grounds

for the application exist, or that there is probable cause to believe that they exist, he

or she shall issue a warrant identifying the property and naming or describing the

person or place to be searched. The warrant shall be directed to any officer

authorized by law to execute it where the person or place to be searched is located.

It shall state the grounds or probable cause for its issuance and the names of the

persons whose affidavits have been taken in support thereof. It shall command the

officer to search forthwith the person or place named for the property specified. The

warrant shall direct that it be served in the daytime, unless for good cause shown it

provides for its execution at any time of day or night. It shall designate the division

of the district court to which it shall be returned.

(d) Execution and Return With Inventory. The warrant may be executed only

within seven (7) days after its date. The officer taking property under the warrant

shall give to the person from whom or from whose premises the property was taken

a copy of the warrant and a receipt for the property taken or shall leave the copy and

receipt at the place from which the property was taken. The return shall be made

promptly and shall be accompanied by a written inventory of any property taken.

The inventory shall be made in the presence of the applicant for the warrant and the

person from whose possession or premises the property was taken, if they are

present, 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 the property was taken,

and shall be verified by the officer. The person from whom or from whose premises

the property was taken and the applicant for the warrant may obtain a copy of the

inventory from the clerk of the division of the District Court where it has been filed.

(e) Return of Papers to Clerk. The warrant, a copy of the return, inventory and

all other papers in connection therewith shall be filed with the clerk of the division

of the District Court which has jurisdiction over the place where the property was

seized.

(f) Motion to Suppress Evidence. A person aggrieved by an unlawful search and

seizure may move in the division of the District Court which has jurisdiction over

the place where the property was seized, or in the division of the District Court to

which such person has been brought pursuant to either Rule 5 or Rule 8, to suppress

for use as evidence anything so obtained on the ground that (1) the property was

illegally seized without warrant, or (2) the warrant is insufficient on its face, or (3)

the property seized is not that described in the warrant, or (4) there was not probable

cause for believing the existence of the grounds on which the warrant was issued, or

(5) the warrant was illegally executed. The judge shall receive evidence on any issue

of fact necessary to the decision of the motion. Whether or not a motion to suppress

has been made initially in the District Court, the motion to suppress may be made in

the Superior Court after an indictment has been returned or an appeal has been filed

from the District Court and the Superior Court will not be bound by any prior

determination of the District Court. The motion shall be made in the District Court

before trial in cases involving misdemeanors or before preliminary examination in

cases involving felonies unless opportunity therefor did not exist or the defendant

was not aware of the grounds for the motion, but the court in its discretion may

entertain the motion at the trial or hearing.

(g) Return of Illegally Seized Property.

1. Felony Cases. If a motion to suppress is granted by the District Court in a case

involving a felony, the court shall not order the State to return illegally seized

property unless (i) an indictment charging an offense involving such property has

not been returned within six (6) months of the determination of the District Court or

(ii) the grand jury has pursuant to Rule 6(f) of the Superior Court Rules of Criminal

Procedure reported its failure to find an indictment charging an offense involving

such property. In no event, shall property which is otherwise subject to lawful

detention be ordered returned.

2. Misdemeanor Cases. If a motion to suppress is granted by the District Court

prior to or during trial, the court shall not order illegally seized property which is not

otherwise subject to lawful detention to be returned unless (i) the defendant is

acquitted or, (ii) the defendant is convicted and does not file a notice of appeal within

the time permitted under Rule 37.

(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

circumstances for which special provision is made. The term “property” is used in

this rule to include documents, books, papers and any other tangible objects.