§62-1A-3. Same -- Issuance and contents.
A warrant shall issue only upon complaint on oath or
affirmation supported by affidavit sworn to or affirmed before the
judge or magistrate setting forth the facts establishing the
grounds for issuing the warrant. If the judge or magistrate is
satisfied that there is probable cause to believe that grounds
therefor exist, he shall issue a warrant identifying the property
and particularly describing the place, or naming or particularly
describing the person, to be searched. The warrant shall be
directed to the sheriff or any deputy sheriff or constable of the
county, to any member of the department of public safety or to any
police officer of the municipality wherein the property sought is
located, or to any other officer authorized by law to execute
search warrants. 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, to seize such property and bring the same before the
judge or magistrate issuing the warrant. Such warrant may be
executed either in the day or night.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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