IX. SEARCH AND SEIZURE

1. A search warrant is hereby authorized and may be issued only by a Tribal Judge on request of a Tribal Prosecutor, or any police officer or other law enforcement officer authorized to make arrests on the Rosebud Reservation.
2. A warrant may be issued to search for and seize any of the following:
   1. Property that constitutes evidence of the commission of the crime;
   2. Contraband, the fruits of crime, or things otherwise criminally possessed;
   3. Property designed or intended for use or which is or has been used, as the means of committing a criminal offense.
3. A warrant shall be issued only upon sworn testimony or affidavit establishing grounds for issuing the warrant. If the Judge is satisfied that the grounds for the application exist or that there is probable cause to believe that they exist, he 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. The warrant shall be directed to any 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 specified. The warrant shall be served in the daytime unless the issuing Judge otherwise authorized on the warrant. The warrant shall be returned to the Judge after service or at the end of the ten (10) day period.
   1. The officer taking property under a warrant shall give the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return to the issuing Judge shall be made promptly and shall be accompanied by an inventory of the property taken.
   2. A person aggrieved by an unlawful search and seizure may move the Tribal Court for the return of the property 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 and shall not be admissible at any hearing or trial.
   3. No law enforcement officer shall search or seize any premises, property or person without a search warrant unless he knows or has reasonable cause to believe that the person in possession of such property is engaged in the commission of an offense or such is done incident to a lawful arrest or under such other circumstances in which it would not be reasonable to require the obtaining of a warrant prior to the search.
   4. A law enforcement officer may stop any person in a public place whom he has probable 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 is endangered, conduct a frisk-type search for weapons, of such person.
   5. The term “Property” is used in this Rule to include documents, books, papers, and any other tangible object. The term “daytime” as used in this Rule, shall mean the hours from 6:00 o’clock a.m. to 10:00 o’clock p.m. according to local time.