Terms Used In Louisiana Code of Criminal Procedure 162

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Oath: A promise to tell the truth.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

A.  A search warrant may issue only upon probable cause established to the satisfaction of the judge, by the affidavit of a credible person, reciting facts establishing the cause for issuance of the warrant.

B.  In any application for warrant, an affidavit containing the electronic signature of the applicant shall satisfy the constitutional requirement that the testimony of the applicant be made under oath, provided that such signature is made under penalty of perjury and in compliance with La. Rev. Stat. 9:2603.1(D).

C.  A search warrant shall particularly describe the person or place to be searched, the persons or things to be seized, and the lawful purpose or reason for the search or seizure.

Amended by Acts 1974, Ex.Sess. No. 15, §1, eff. Jan. 1, 1975; Acts 2010, No. 58, §2.