Oklahoma § 22-1230 - When search warrant may be served

§ 22-1230. When search warrant may be served

Search warrants for occupied dwellings shall be served between

the hours of six o’clock a.m. and ten o’clock p.m., inclusive,

unless the judge finds the existence of at least one of the

following circumstances:

1. The evidence or person is located on the premises only

between the hours of ten o’clock p.m. and six o’clock a.m.;

2. The search to be performed is a crime scene search;

3. The affidavits are positive that the property is on the

person or in the place to be searched and the judge finds that there

is likelihood that the property named in the search warrant will be

destroyed, moved or concealed; or

4. The search to be performed is a search for evidence relating

to the illegal manufacture of methamphetamine or other controlled

dangerous substance.

If any of the above criteria are met the judge may insert a

direction that the warrant be served at any time of the day or

night. Search warrants for sites other than occupied dwellings may

be served at any time of the day or night without a special

direction.

R.L. 1910, § 6068. Amended by Laws 1971, c. 120, § 3, emerg. eff.

May 3, 1971; Laws 1990, c. 148, § 2, emerg. eff. May 1, 1990; Laws

1996, c. 15, § 1, eff. Nov. 1, 1996; Laws 2005, c. 353, § 1, eff.

Nov. 1, 2005; Laws 2024, c. 39, § 5, eff. Nov. 1, 2024.

NOTE: Laws 2005, c. 426, § 3 repealed by Laws 2006, c. 16, § 5,

emerg. eff. March 29, 2006.