9-214

[For use with District Court Rule 5-211,

Magistrate Court Rule 6-208,

Metropolitan Court Rule 7-208 and

Municipal Court Rule 8-207]

STATE OF NEW MEXICO

[COUNTY OF___________________]

[CITY OF_____________________]

__________________________ COURT                              No. ___________

[STATE OF NEW MEXICO]

[COUNTY OF __________________]

[CITY OF ____________________]

v.

________________________________, Defendant

                                                SEARCH WARRANT

THE [STATE OF NEW MEXICO] [CITY OF __________________]

TO ANY OFFICER AUTHORIZED TO EXECUTE THIS WARRANT.

            Proof by Affidavit for Search Warrant, having been submitted to me, I am satisfied that there is probable cause that the person named or property described in the Affidavit is located where alleged in the Affidavit and I find that grounds exist for the issuance of the Search Warrant. A copy of the Affidavit is attached and made a part of this Warrant.

YOU ARE HEREBY COMMANDED to search forthwith the person or place described in the Affidavit between the hours of 6:00 a.m. and 10:00 p.m., unless I have specifically authorized a nighttime search, for the person or property described in the Affidavit, serving this Warrant together with a copy of the Affidavit, and making the search and if the person or property be found there, to seize the person or the property and hold for safekeeping until further order of the court.

You are further directed to prepare a written inventory of any person or property seized. You are further directed to file the return and written inventory with the Court promptly after its execution.

Date: ___________________________

                                                ___________________________

                                                Judge

AUTHORIZATION FOR NIGHTTIME SEARCH

            I further find that reasonable cause has been shown for nighttime execution of this Warrant. I authorize execution of this Warrant at any time of the day or night for the following reasons: ________________________ (set forth reasons why a nighttime search is necessary):

____________________________________________________________

___________________________________________________________.

                                                            ________________________

                                                            Judge

                                    RETURN AND INVENTORY

            I received the attached Search Warrant on _______________, _______, and executed it on the ____ day of _______________, ______, at _________ [a.m.] [p.m.]. I searched the person or premises described in the Warrant and I left a copy of the Warrant with

____________________________________________________________

____________________________________________________________

(name the person searched or owner at the place of search) together with a copy of the inventory for the items seized.

            The following is an inventory of property taken pursuant to the warrant: (attach separate inventory if necessary)

__________________________________________________________

__________________________________________________________

__________________________________________________________

            This inventory was made in the presence of ________________________ (name of applicant for the search warrant) and _____________________________________________ (name of owner of premises or property). (If not available, name of other credible person witnessing the inventory.)

            This inventory is a true and detailed account of all the property taken pursuant to the Warrant.

                                                            ___________________________

                                         Signature of Officer

                                                            ___________________________

                                         Signature of Owner of

                           Property or Other Witness

            Return made this ____ day of ________________, _____, at ____ [a.m.] [p.m.].

                                                            _______________________

                                                    (Judge) (Clerk)

            After careful search, I could not find at the place or on the person described, the property described in this warrant.

                                                            _______________________

                                                            Officer                                                            _______________________

                                                            Date