Miss. R. Crim. P. 4.2

As amended through October 31, 2024

Rule 4.2 - Warrant on Affidavit

(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.

Miss. R. Crim. P. 4.2

Adopted eff. 7/1/2017.

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).