Okla. Stat. tit. 22, § 22-1230
This is the official text of Okla. Stat. tit. 22, § 22-1230, part of Oklahoma’s Stat. tit. 22, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 22,." Browse the sections below, each linked to its official government source.
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When search warrant may be served
Official statutory text
Search warrants for occupied dwellings shall be served between
the hours of six o’clock a.m. and ten o’clock p.m., inclusive,
unless the judge finds the existence of at least one of the
following circumstances:
1. The evidence or person is located on the premises only
between the hours of ten o’clock p.m. and six o’clock a.m.;
2. The search to be performed is a crime scene search;
3. The affidavits are positive that the property is on the
person or in the place to be searched and the judge finds that there
is likelihood that the property named in the search warrant will be
destroyed, moved or concealed; or
4. The search to be performed is a search for evidence relating
to the illegal manufacture of methamphetamine or other controlled
dangerous substance.
If any of the above criteria are met the judge may insert a
direction that the warrant be served at any time of the day or
night. Search warrants for sites other than occupied dwellings may
be served at any time of the day or night without a special
direction.
R.L. 1910, § 6068. Amended by Laws 1971, c. 120, § 3, emerg. eff.
May 3, 1971; Laws 1990, c. 148, § 2, emerg. eff. May 1, 1990; Laws
1996, c. 15, § 1, eff. Nov. 1, 1996; Laws 2005, c. 353, § 1, eff.
Nov. 1, 2005; Laws 2024, c. 39, § 5, eff. Nov. 1, 2024.
NOTE: Laws 2005, c. 426, § 3 repealed by Laws 2006, c. 16, § 5,
emerg. eff. March 29, 2006.
the hours of six o’clock a.m. and ten o’clock p.m., inclusive,
unless the judge finds the existence of at least one of the
following circumstances:
1. The evidence or person is located on the premises only
between the hours of ten o’clock p.m. and six o’clock a.m.;
2. The search to be performed is a crime scene search;
3. The affidavits are positive that the property is on the
person or in the place to be searched and the judge finds that there
is likelihood that the property named in the search warrant will be
destroyed, moved or concealed; or
4. The search to be performed is a search for evidence relating
to the illegal manufacture of methamphetamine or other controlled
dangerous substance.
If any of the above criteria are met the judge may insert a
direction that the warrant be served at any time of the day or
night. Search warrants for sites other than occupied dwellings may
be served at any time of the day or night without a special
direction.
R.L. 1910, § 6068. Amended by Laws 1971, c. 120, § 3, emerg. eff.
May 3, 1971; Laws 1990, c. 148, § 2, emerg. eff. May 1, 1990; Laws
1996, c. 15, § 1, eff. Nov. 1, 1996; Laws 2005, c. 353, § 1, eff.
Nov. 1, 2005; Laws 2024, c. 39, § 5, eff. Nov. 1, 2024.
NOTE: Laws 2005, c. 426, § 3 repealed by Laws 2006, c. 16, § 5,
emerg. eff. March 29, 2006.
Status: repealed · Read it on the official government site
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