Sec. 2933.24. (A) A search warrant shall be directed to the | 6 |
proper law enforcement officer or other authorized individual and, | 7 |
by a copy of the affidavit inserted in it or annexed and referred | 8 |
to in it, shall show or recite all the material facts alleged in | 9 |
the affidavit, and particularly name or describe the property to | 10 |
be searched for and seized, the place to be searched, and the | 11 |
person to be searched. If a waiver of the statutory precondition | 12 |
for nonconsensual entry, as defined in division (A) of section | 13 |
2933.231 of the Revised Code, has been granted pursuant to that | 14 |
section, the warrant also shall contain a provision as described | 15 |
in division (C) of that section. | 16 |
The warrant shall command the officer or individual to search | 17 |
the place or person named or described for the property, and to | 18 |
bring them, together with the person, before the judge or | 19 |
magistrate. The command of the warrant shall becommand that the | 20 |
search be made in the daytime, unless there is urgent necessity | 21 |
for a search in the night, in which case a search in the night may | 22 |
be ordered. The warrant also shall command the officer or | 23 |
individual to conduct the search, nothwithstanding Criminal Rule | 24 |
41(C)(2), within ten days. The right to conduct the search within | 25 |
ten days is a substantive legal right, but the manners of | 26 |
executing and returning the warrant and related papers are | 27 |
procedural matters governed by Criminal Rule 41. | 28 |
(B) When a search warrant commands a proper law enforcement | 33 |
officer or other authorized individual to inspect physical | 34 |
conditions relating to public health, safety, or welfare, such | 35 |
officer or individual, upon completion of the search, shall | 36 |
complete a report of the conditions and file a copy of such report | 37 |
with the officer's or individual's agency headquarters. | 38 |