''ARTICLE I, SUPREMACY OF THE CONSTITUTION, Section 3. Unreasonable Search and Seizure''

(1) The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

(2) A search or seizure shall be deemed unreasonable as a matter of law if no warrant has been obtained despite adequate time to obtain one.

(3) Any seizure of a person shall be deemed unreasonable as a matter of law unless the person is promptly informed of the cause of such seizure and is ensured a prompt opportunity to contest its legality before a judge.

(4) A search of premises not belonging to, or occupied by, the person who is believed to have committed a crime shall be deemed unreasonable as a matter of law unless the person whose premises are searched has been given a prior opportunity, in an adversary hearing, to challenge or comply with a subpoena identifying the persons or things to be produced, or the officer issuing a warrant for the search has reasonably determined that such prior notice and hearing would create an undue risk that the persons or things sought would be removed or otherwise made unavailable.

(5) Evidence obtained through an unreasonable search and seizure, or pursuant to an invalid warrant,,. cannot be used to support a criminal conviction.

406. Mutual legal assistance requests by the RMI.

The Attorney-General may pursuant to the authorization granted under section 406, request the appropriate authority of a foreign country to:

(2) obtain and execute search warrants or other lawful instruments authorizing a search for things believed to be located in that foreign country, which may be relevant to investigations or proceedings in the RMI, and if found, seize them;

410. Foreign requests for evidence gathering order or a search warrant.

(1) Notwithstanding anything contained in any other law, where the Attorney-General grants a request by a foreign State to obtain evidence in the RMI, an authorized person may apply to the High Court for;

(a) a search warrant; or
(b) evidence-gathering order.

Rule 41. Search and Seizure

(b) Authority to Issue a Warrant. At the request of a police officer or a government prosecutor, a High Court or District Court judge has authority to issue a warrant to search for and seize a person or property within the Republic and a Community Court judge has authority to issue a warrant to search for and seize a person or property within the judge’s territorial jurisdiction. Application for a warrant shall ordinarily be made to a judge of the District Court or a Community Court.

(c) Persons or Property Subject to Search or Seizure. A warrant may be issued for any of the following:

(1) evidence of a crime;
(2) contraband, fruits of crime, or other items illegally possessed;
(3) property designed for use, intended for use, or used in committing a crime; or
(4) a person to be arrested or a person who is unlawfully restrained.

(d) Obtaining a Warrant.

(1) Probable Cause. After receiving an affidavit or other information, a judge must issue the warrant if there is probable cause to search for and seize a person or property under Rule 41(c).

(2) Requesting a Warrant in the Presence of a Judge.

(A) Warrant on an Affidavit. When a police officer or a government prosecutor presents an affidavit in support of a warrant, the judge may require the affiant to appear personally and may examine under oath the affiant and any witness the affiant produces.

(B) Warrant on Sworn Testimony. The judge may wholly or partially dispense with a written affidavit and base a warrant on sworn testimony if doing so is reasonable under the circumstances.

(C) Recording Testimony. Testimony taken in support of a warrant must be recorded by a court reporter or by a suitable recording device, and the judge must file the transcript or recording with the clerk, along with any affidavit.

(3) Requesting a Warrant by Telephonic or Other Means.

(A) In General. A judge may issue a warrant based on information communicated by telephone or other appropriate means, including facsimile or Internet transmission.

(B) Recording Testimony. Upon learning that an applicant is requesting a warrant, a judge must:

(i) place under oath the applicant and any person on whose testimony the application is based; and
(ii) make a verbatim record of the conversation with a suitable recording device, if available, or by a court reporter, or in writing.

(C) Certifying Testimony. The judge must have any recording or court reporter’s notes transcribed, certify the transcription’s accuracy, and file a copy of the record and the transcription with the clerk. Any written verbatim record must be signed by the judge and filed with the clerk.

(D) Suppression Limited. Absent a finding of bad faith, evidence obtained from a warrant issued under Rule 41(d)(3)(A) is not subject to suppression on the ground that issuing the warrant in that manner was unreasonable under the circumstances.

(e) Issuing the Warrant.

(1) In General. The judge must issue the warrant to a police officer authorized to execute it.

(2) Contents of the Warrant.

(A) Warrant to Search for and Seize a Person or Property. The warrant must identify the person or property to be searched, identify any person or property to be seized, and designate the judge to whom it must be returned. The warrant must command the officer to:

(i) execute the warrant within a specified time no longer than 14 days, plus whatever time the judge determines will be reasonably required for the officer to travel to the point where the search is to be made and to return such warrant to the appropriate judge;
(ii) execute the warrant during the daytime, unless the judge for good cause expressly authorizes execution at another time; and
(iii) return the warrant to the judge designated in the warrant.

(B) Warrant Seeking Electronically Stored Information. A warrant under Rule 41(e)(2)(A) may authorize the seizure of electronic storage media or the seizure or copying of electronically stored information. Unless otherwise specified, the warrant authorizes a later review of the media or information consistent with the warrant. The time for executing the warrant in Rule 41(e)(2)(A) and (f)(1)(A) refers to the seizure or on-site copying of the media or information, and not to any later off-site copying or review.

(3) Warrant by Telephonic or Other Means. If a judge decides to proceed under Rule 41(d)(3)(A), the following additional procedures apply:

(A) Preparing a Proposed Duplicate Original Warrant. The applicant must prepare a “proposed duplicate original warrant” and must read or otherwise transmit the contents of that document verbatim to the judge.
(B) Preparing an Original Warrant. The judge must enter the contents of the proposed duplicate original warrant into an original warrant.
(C) Modifications. The judge may direct the applicant to modify the proposed duplicate original warrant. In that case, the judge must also modify the original warrant.
(D) Signing the Original Warrant and the Duplicate Original Warrant. Upon determining to issue the warrant, the judge must immediately sign the original warrant, enter on its face the exact time it is issued, and direct the applicant to sign the judge’s name on the duplicate original warrant.

(f) Executing and Returning the Warrant.

(1) Noting the Time. The officer executing the warrant must enter on its face the exact date and time it is executed.

(2) Inventory. An officer present during the execution of the warrant must prepare and verify an inventory of any property seized. The officer must do so in the presence of another officer and the person from whom, or from whose premises, the property was taken. If either one is not present, the officer must prepare and verify the inventory in the presence of at least one other credible person. In a case involving the seizure of electronic storage media or the seizure or copying of electronically stored information, the inventory may be limited to describing the physical storage media that were seized or copied. The officer may retain a copy of the electronically stored information that was seized or copied.

(3) Receipt. The officer executing the warrant must:

(A) give a copy of the warrant and a receipt for the property taken to the person from whom, or from whose premises, the property was taken; or
(B) leave a copy of the warrant and receipt at the place where the officer took the property.

(4) Return. The officer executing the warrant must promptly return it—together with a copy of the inventory—to the judge designated on the warrant. The judge must, on request, give 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. The officer must verify the inventory with a statement signed and sworn to by the officer to the effect that the inventory is a true account of all property taken under the warrant.