Minn. Stat. » CHAPTER 626. PEACE OFFICERS; SEARCHES; PURSUIT; MANDATORY REPORTING
Minnesota Statutes

Minn. Stat. § 626.09 (2026)

Examination Of Parties Making Request

✓ current as of May 2026
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The court may, before issuing the warrant, examine on oath the person seeking the warrant and any witnesses the person may produce. It shall take the affidavits in writing, and cause them to be subscribed to by the party or parties making them.

Notes of Decisions
Cited in 6 cases, 1968–2013 · leading case: State v. Lindsey, 473 N.W.2d 857 (Minn. 1991).
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State v. Lindsey, 473 N.W.2d 857 (Minn. 1991). · cites it 8× “Those are the same objectives advanced by Minn.Stat. § 626.09 (1990) which requires that affidavits be in writing.”
Clay, Sara Kathrine, 391 S.W.3d 94 (Tex. Crim. App. 2013). · cites it 2× “1991); See Minn. Stat. 626.09 (providing that the magistrate "shall take the affidavits in writing, and cause them to be subscribed to by the party or parties making them").”
State v. Meizo, 297 N.W.2d 126 (Minn. 1980). · cites it 4× “) The statutory section on oral testimony, Minn.Stat. § 626.09 (1978), provides: "The court or justice of the peace may, before issuing the warrant, examine on oath the person seeking the warrant and any witnesses he may produce, and must take his affidavit or their affidavits…”
State v. Raines, 709 N.W.2d 273 (Minn. Ct. App. 2006). · cites it 2× “Appellant's brief refers to Minn.Stat. § 626.09 (allowing the district court to examine under oath any person seeking a warrant).”
State v. Campbell, 161 N.W.2d 47 (Minn. 1968). “” § 626.09 provides: “The court or justice of the peace may, before issuing the warrant, examine on oath the person seeking the warrant and any witnesses he may produce, and must take his affidavit or their affidavits in writing, and cause same to be subscribed by the party or…”
State v. Lindsey, 460 N.W.2d 632 (Minn. Ct. App. 1990). · cites it 2× “The magistrate may receive sworn oral testimony, Minn.Stat. § 626.09 (1988), but “[t]he affidavit or affidavits must set forth the facts tending to establish the grounds of the application.”
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