A. A search warrant may be served by any peace officer but by no other person except in aid of an officer engaging in service of the warrant.
B. An officer may break into a building, premises or vehicle or any part of a building, premises or vehicle, to execute the warrant when:
1. After notice of the officer’s authority and purpose, the officer receives no response within a reasonable time.
2. After notice of the officer’s authority and purpose, the officer is refused admittance.
3. A magistrate has authorized an unannounced entry pursuant to section 13-3915.
4. The particular circumstances and the objective articulable facts are such that a reasonable officer would believe that giving notice of the officer's authority and purpose before entering would endanger the safety of any person or result in the destruction of evidence.
C. A peace officer executing a search warrant may seize any property discovered in the course of the execution of the warrant if the officer has reasonable cause to believe that the item is subject to seizure under section 13-3912, even if the property is not enumerated in the warrant.
D. A peace officer executing a search warrant may make or cause to be made photographs, measurements, impressions or scientific tests.
E. A peace officer executing a search warrant directing a search of any premises or a vehicle may search any person in the premises or vehicle if either of the following applies:
1. It is reasonably necessary to protect himself or others from the use of any weapon that may be concealed upon the person.
2. It reasonably appears that property or items enumerated in the search warrant may be concealed upon the person.
Notes of Decisions
Cited in
21
cases (
1 in the last 5 years), 1980–2021 · leading case:
State v. Clary, 2 P.3d 1255 (Ariz. Ct. App. 2000).
State v. Clary, 2 P.3d 1255 (Ariz. Ct. App. 2000).
· cites it 16× “§ 13-2402 (1989) ("using or threatening to use ... physical force" to obstruct "performance of a governmental function by a public servant acting under color of his official authority" is a misdemeanor).”
State v. Sanchez, 627 P.2d 676 (Ariz. 1981).
· cites it 22× “Before trial, their motion to suppress evidence seized in the search of a house was granted in Pima County Superior Court on the sole ground that the officers who executed the search warrant failed to comply with the requirements of A.R.S. § 13-3916(B): “An officer may break…”
State v. LaPonsie, 664 P.2d 223 (Ariz. Ct. App. 1982).
· cites it 14× “The trial court granted the motion to suppress, ruling that the entry into the residence violated A.R.S. § 13-3916(B): “B. An officer may break into a building, premises, or vehicle or any part thereof, to execute the warrant when: 1.”
State v. Adamson, 665 P.2d 972 (Ariz. 1983).
· cites it 4× “C. Nighttime Search Defendant next raises the argument that there was not "good cause" for service of the search warrant at night.”
State Ex Rel. Milstead v. Melvin, 682 P.2d 407 (Ariz. 1984).
· cites it 8× “During *404 the search, DPS seized items and, pursuant to A.R.S. § 13-3916(D), photographed the items and the premises.”
State v. Attaway, 870 P.2d 103 (N.M. 1994).
· cites it 2× “040 (1990); Ariz. Rev.Stat.Ann. § 13-3916 (1989); Cal.”
State v. Wright, 643 P.2d 23 (Ariz. Ct. App. 1982).
· cites it 6× “The main issue in this case is whether the police violated A.R.S. § 13-3916 and the United States constitutional prohibition against unreasonable searches and seizures in their execution of a search warrant.”
State v. Nordstrom, 25 P.3d 717 (Ariz. 2001).
“) section 13-3916 codifies this constitutional requirement: “An officer may break *246 into a building .”
Howell v. Hodap, 212 P.3d 881 (Ariz. Ct. App. 2009).
· cites it 2× “ainst multiple police officers, including Ho-dap and Johnson, asserting the following claims for relief: (1) Violation of Arizona Constitution — Substantive Due Process; (2) Violation of Arizona Constitution-Unreasonable Search and Seizure; (3) Violation of Arizona Constitution…”
State v. Reffitt, 702 P.2d 681 (Ariz. 1985).
· cites it 2× “See A.R.S. § 13-3916. Again, even if we assume the police acted illegally, this was not a “fishing expedition” nor the type of purposeful misconduct decried in Brown .”
State v. Cohen, 957 P.2d 1014 (Ariz. Ct. App. 1998).
· cites it 2× “The court concluded that this entry was a “breaking” within the meaning of section 13-3916(B) and that the *473 police did not meet the reasonable time requirement of section 13-3916(B).”
State v. Papineau, 705 P.2d 949 (Ariz. Ct. App. 1985).
· cites it 2× “” The evidence on which these findings rest were that someone at the window of the house could see the officers approaching (that they were seen was confirmed by a witness within the house), that that person could have opened the door immediately, that the officers waited five…”
— Ariz. Rev. Stat. § 13-3916(A) — 1 case
— Ariz. Rev. Stat. § 13-3916(B) — 7 cases
State v. Clary, 2 P.3d 1255 (Ariz. Ct. App. 2000).
“§ 13-2402 (1989) ("using or threatening to use ... physical force" to obstruct "performance of a governmental function by a public servant acting under color of his official authority" is a misdemeanor).”
State v. Sanchez, 627 P.2d 676 (Ariz. 1981).
“Before trial, their motion to suppress evidence seized in the search of a house was granted in Pima County Superior Court on the sole ground that the officers who executed the search warrant failed to comply with the requirements of A.R.S. § 13-3916(B): “An officer may break…”
State v. LaPonsie, 664 P.2d 223 (Ariz. Ct. App. 1982).
“The trial court granted the motion to suppress, ruling that the entry into the residence violated A.R.S. § 13-3916(B): “B. An officer may break into a building, premises, or vehicle or any part thereof, to execute the warrant when: 1.”
State v. Cohen, 957 P.2d 1014 (Ariz. Ct. App. 1998).
“The court concluded that this entry was a “breaking” within the meaning of section 13-3916(B) and that the *473 police did not meet the reasonable time requirement of section 13-3916(B).”
State v. Papineau, 705 P.2d 949 (Ariz. Ct. App. 1985).
“” The evidence on which these findings rest were that someone at the window of the house could see the officers approaching (that they were seen was confirmed by a witness within the house), that that person could have opened the door immediately, that the officers waited five…”
— Ariz. Rev. Stat. § 13-3916(B)(1) — 2 cases
State v. LaPonsie, 664 P.2d 223 (Ariz. Ct. App. 1982).
“The trial court granted the motion to suppress, ruling that the entry into the residence violated A.R.S. § 13-3916(B): “B. An officer may break into a building, premises, or vehicle or any part thereof, to execute the warrant when: 1.”
— Ariz. Rev. Stat. § 13-3916(B)(2) — 1 case
State v. LaPonsie, 664 P.2d 223 (Ariz. Ct. App. 1982).
“The trial court granted the motion to suppress, ruling that the entry into the residence violated A.R.S. § 13-3916(B): “B. An officer may break into a building, premises, or vehicle or any part thereof, to execute the warrant when: 1.”
— Ariz. Rev. Stat. § 13-3916(C) — 1 case
State v. Adamson, 665 P.2d 972 (Ariz. 1983).
“C. Nighttime Search Defendant next raises the argument that there was not "good cause" for service of the search warrant at night.”
— Ariz. Rev. Stat. § 13-3916(D) — 1 case
State Ex Rel. Milstead v. Melvin, 682 P.2d 407 (Ariz. 1984).
“During *404 the search, DPS seized items and, pursuant to A.R.S. § 13-3916(D), photographed the items and the premises.”
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