A. Search Warrants. A search warrant is an order directed to any Osage Nation or federal law enforcement officer directing him or her to search a particular place for described persons or property and if found to seize them.
B. A warrant shall issue only: on an affidavit or affidavits sworn to before a Trial Judge and establishing grounds for issuing the warrant. If the Judge is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, he or she shall issue a warrant identifying the property and naming or describing the person or place to be searched. The finding of probable cause may be based on hearsay evidence either in whole or in part. Before ruling on a request for a warrant, the Judge may require the affiant to appear personally and be examined under oath.
C. Contents of Search Warrants. Every search warrant shall contain the name and address of the Court and the signature of the Judge issuing the warrant. It shall specifically describe the place to be searched and the items to be searched for and seized. The warrant shall be directed by any Osage Nation or federal police or law enforcement officer or official and shall command such person or persons to search, within a specified period of time not to exceed ten (10) days, the person or place named for the property or persons specified, and contain the date on which it was issued.
D. Service of Search Warrants. Search warrants shall be served by any Osage Nation or federal law enforcement officer between the hours of 7:00 a.m. and 9:00 p.m., unless otherwise directed on the warrant by the Judge who issued it. A copy of the warrant shall be left with an occupant or owner over sixteen (16) years of age of the place searched if present during said search. If the place to be searched is not occupied at the time of the search, a copy of the warrant shall be left in some conspicuous place on the premises. The officer may break open any outer or inner door or window of a place to be searched, or any part of any place to be searched, or anything thereon to execute a search warrant, if after notice of his or her authority and purpose, he or she is denied or refused admittance, when necessary to liberate himself or herself, or a person aiding in the execution of the warrant or when the premises to be searched are unoccupied at the time of the search.
E. Inventory. The officer serving a search warrant shall make a signed inventory of all property seized and attach such inventory to the warrant. A copy of the inventory and search warrant shall be left with an occupant or owner over sixteen (16) years of age if present during the search or left in a conspicuous place on the premises with the search warrant if an occupant is not present during the search.
F. Return of Search Warrants.
1. The officer shall endorse on the warrant the date, time and place of service and the signature of the officer serving it;
2. The warrant shall be returned to the Court with an inventory of property seized within twenty-four (24) hours of service, Saturdays, Sundays and legal holidays excluded;
3. In every case the warrant shall be returned within ten (10) days of the date of issuance, unless return be due on a Saturday or Sunday or legal holiday, in which case the return shall be made on the next business day.
G. Property Subject to Seizure. Property which is subject to seizure is property in which there is probable cause to believe such property is:
1. Stolen, embezzled, contraband or otherwise criminally possessed; or
2. Which is or has been used to commit a criminal offense; or
3. Property which constitutes evidence of the commission of a criminal offense.
H. Warrantless Searches. A law enforcement officer may conduct a search without a warrant only:
1. Incident to a lawful arrest; or
2. With the consent of the person to be searched; or
3. With the consent of the person having actual possession and control of the property to be searched; or
4. When he or she has reasonable grounds to believe that the person searched may be armed and dangerous; or
5. When the search is of a vehicle capable of being moved and the officer has probable cause to believe that it contains property subject to seizure, or upon inventory of such vehicle after impoundment and seizure; or
6. In any other circumstances wherein federal law has held that a search without obtaining a warrant prior to the search in those circumstances would not be unreasonable.
I. A person aggrieved by an unlawful search and seizure may move the Trial Court for the return of the property, not contraband, on the grounds that he or she is entitled to lawful possession of the property illegally seized. The Judge may receive evidence on any issue of fact necessary to the decision of the motion. If the motion is granted, the property shall be returned, if not contraband, and shall not be admissible at any hearing or trial.
J. A law enforcement officer may stop any person in a public place whom he has reasonable cause to believe is in the act of committing an offense, or has committed an offense, or is attempting to commit an offense and demand of him his name, address, an explanation of his or her actions and may, if he or she has reasonable grounds to believe his or her own safety or the safety of others nearby is endangered, conduct a frisk type search of such person for weapons.
K. The term “property” is used in this section to include documents, books, papers and any other tangible object.