Reading a Search Warrant
La. C.Cr.P. art. 163 — not at night or on a Sunday unless the warrant says so, and dead after the tenth day
A search warrant issues only on probable cause shown to a judge by the affidavit of a credible person, and it particularly describes the person or place to be searched, the things to be seized, and the lawful purpose of the search.
- It may reach stolen property, a means of committing an offense, or evidence of one.
- A search may not be made at night or on a Sunday unless the warrant expressly says so.
- A warrant cannot be lawfully executed after the tenth day after it issues.
- The officer gives a detailed receipt for what is taken, or leaves one where it was seized.
How a warrant is served is also measured by the Fourth Amendment. The Supreme Court of the United States has held that whether officers knocked and announced their presence before entering is part of whether the entry was reasonable, and that the knock and announce principle forms part of that analysis rather than being a rigid rule without exceptions. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
Sources for this section (5)
- La. C.Cr.P. art. 161 — Property subject to seizure
- La. C.Cr.P. art. 162 — Issuance of warrant; affidavit; description
- La. C.Cr.P. art. 163 — Officer to whom directed; time for execution; electronic devices
- La. C.Cr.P. art. 166 — Receipt for seized property
- Wilson v. Arkansas, 514 U.S. 927 (1995) — Knocking and announcing is part of whether an entry is reasonable
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Louisiana attorney.