N.M. R. Child. Ct. 10-725

As amended through August 23, 2024
Rule 10-725 - Search warrant

[For use with Rule 10-215 NMRA] STATE OF NEW MEXICO COUNTY OF _______________

_______________ JUDICIAL DISTRICT

IN THE CHILDREN'S COURT

In the Matter of _____________ , a Child. No. __________

SEARCH WARRANT1

THE STATE OF NEW MEXICO 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 the 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 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 night time search, for the person or property described in the affidavit, serving this warrant together with a copy of the affidavit 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.

Dated this ________ day of __________ , ________ .

____________________________________

District Judge

AUTHORIZATION FOR NIGHT TIME SEARCH

I further find that reasonable cause has been shown for night time execution of this warrant. I authorize execution of this warrant at any time of the day or night for the following reasons:

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

(describe the reasons why a night time search is necessary).

_____________________________________

District Judge

RETURN AND INVENTORY

I received the attached Search Warrant on __________________ , ________ , and executed it on __________________ , ________ , at _______ o'clock [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 receipt 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 person executing 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 by me on 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 the Warrant.

____________________________________

Officer

____________________________________

Date

USE NOTES

1. Either this form or the form approved for search warrants in adult criminal proceedings may be used in the children's court.

N.M. R. Child. Ct. 10-725

As amended by Supreme Court Order No. 11-8300-044, effective 1/16/2012; 10-412 recompiled and amended as 10-725 by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after12/31/2016.

ANNOTATIONS The 2016 amendment, approved by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after December 31, 2016, changed the caption of the case. The 2011 amendment, approved by Supreme Court Order No. 11-8300-044, effective January 1, 2012, rewrote the form and added the Use Note. Recompilations. - Pursuant to Supreme Court Order No. 16-8300-017, former 10-412 NMRA was recompiled and amended as 10-725 NMRA, effective for all cases pending or filed on or after December 31, 2016.