410A Arrest or search warrant authorizing entry without notice
Article IV. Relevancy and Related Subjects
Rule Text
(a) Except as provided in subdivision (b) of this rule, the following evidence is not admissible in any civil or criminal proceeding:
(1) Evidence gathered by use of an arrest warrant or search warrant authorizing entry without notice that did not comply with applicable statutes; or
(2) Evidence gathered by use of an arrest warrant or search warrant authorizing entry without notice that was obtained through perjury or material false statement.
(b) Evidence excluded in subdivision (a) of this rule is admissible if otherwise admissible under these rules, and:
(1) In a civil case, offered by the plaintiff in an action for damages arising from the warrant; or
(2) In a criminal proceeding for perjury or material false statement in the application for the warrant, offered against the defendant.
Amendment history: Created 2021 c 202, § 5, eff. 6-29-21. Adopted by Supreme Court Order 2021-31, eff. 8-25-21