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La. Rev. Stat. § 40:985 (2026)

Search warrants

✓ current as of May 2026
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§985.  Search warrants

A search warrant relating to offenses involving controlled dangerous substances may be authorized to be served at any time of the day or night if the judge or magistrate issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant.  

Added by Acts 1972, No. 634, §1.  

Notes of Decisions
Cited in 6 cases, 1984–2006 · leading case: State v. Shumaker, 945 So. 2d 277 (La. Ct. App. 2006).
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State v. Shumaker, 945 So. 2d 277 (La. Ct. App. 2006). “R.S. 40:985 state a search or seizure shall not be made during nighttime unless the warrant expressly permits it.”
State v. Johnson, 665 So. 2d 1237 (La. Ct. App. 1995). · cites it 3× “It only requires a specific authorization of a nighttime search. Furthermore, the defendant has ignored the more specific provisions concerning search warrants involving controlled dangerous substances found in the Uniform Controlled Dangerous Substances Law.”
State v. Brown, 750 So. 2d 262 (La. Ct. App. 1999). · cites it 4× “163 and LSA-R.S. 40:985. Article 163 provides the general rule for the executing of search warrants, in pertinent part: Art.”
State v. A Minor Child, 493 So. 2d 618 (La. 1986). · cites it 3× “R.S. 40:985 (pertaining to search warrants relating to drug offenses) does not establish an exception to the general rule.”
State v. Nicholas, 652 So. 2d 666 (La. Ct. App. 1995). “R.S. 40:985 (emphasis added). See also State v.”
State v. Alejandro, 460 So. 2d 64 (La. Ct. App. 1984). · cites it 2× “The State argues that LSA-R.S. 40:985 provides special authorization for magistrates to issue drug warrants, and concludes that because the definition of magistrate expressly includes justices of the peace, LSA-C.”
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