Rule 41 Search and Seizure
Rule Text
(a) Authority to Issue Warrant. A search warrant authorized by this rule may be issued by a trial court judge or justice of the High Court upon request of an attorney for the government.
(b) Property or Persons Which May Be Seized With A Warrant. A warrant may be issued under this rule to search for and seize any (1) property that constitutes evidence of the commission of a criminal offense; or (2) contraband, the fruits of crime, or things otherwise criminally possessed; or (3) property designed or intended for use or which is or has been used as the means of committing a criminal offense; or (4) person for whose arrest there is probable cause, or who is unlawfully restrained.
(c) Issuance and Contents.
(1) Warrant upon Affidavit. A warrant other than a warrant upon oral testimony under paragraph (2) of this subdivision shall issue only on an affidavit or affidavits sworn to before the district court judge or justice of the High Court and establishing the grounds for issuing the warrant. If the judge or justice is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, he shall issue a warrant identifying the property or persons to be seized and naming or describing the person or place to be searched. The finding of probable cause may be based upon hearsay evidence in whole or in part. Before ruling on a request for a warrant the judge or justice may require the affiant to appear personally and examine under oath the affiant and any witnesses he may produce, provided that such proceeding shall be taken down by a court reporter or recording equipment and made part of the affidavit. The warrant shall be directed to a marshal or police officer of American Samoa. It shall command the officer to search, within a specified period of time not to exceed 10 days, the person or place named for the property or person specified. The warrant shall be served in the daytime, unless the issuing authority, by appropriate provision in the warrant, and for reasonable cause shown, authorizes its execution at times other than daytime. It shall designate a judge or justice to whom it shall be returned.
(2) (OMITTED).
(d) Execution and Return with Inventory. The officer taking property under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the applicant for the warrant and the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the applicant for the warrant or the person from whose possession or premises the property was taken, and shall be verified by the officer. The district court judge or justice of the High Court shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant.
(e) Motion for Return of Property. A person aggrieved by an unlawful search and seizure may move in the trial court for the return of the property on the ground that he is entitled to lawful possession of the property which was illegally seized. The judge shall receive evidence on any issue of fact necessary to the decision of the motion. If the motion is granted the property shall be restored and it shall not be admissible in evidence at any hearing or trial.
(f) If a motion for return of property is made or comes on for hearing after an information is filed, it shall be treated also as a motion to suppress under 12 TCRCrP.
(g) Return of Papers to Clerk. The judge or justice before whom the warrant is returned shall attach to the warrant a copy of the return, inventory and all other papers in connection therewith and shall file them with the clerk of court.
(h) Scope and Definition. This rule does not modify any act, inconsistent with it, regulating search, seizure and the issuances and execution of search warrants in circumstances for which special provision is made. The “property” is used in this rule to include documents, books, papers and any other tangible objects. The term “daytime” is used in this rule to mean the hours from 6:00 a.m. to 8:00 p.m. according to local time.