Mississippi Code

Miss. Code Ann. § 99-25-15 (2026)

Affidavit to obtain search warrant

✓ current as of July 2026

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"State of Mississippi, ____________________ County.

"Before me, Andrew Sims, a justice of the peace of said county, Edward Nolly makes oath that, on or about the ____________________ day of ____________________ 1906, in the said county, a box of candles and a case of brogan shoes, the property of affiant, of the value of one hundred dollars were feloniously stolen, taken, or carried away; and affiant suspects Samuel Miller as the person guilty of said crime, and has reason to believe and does believe that the said stolen articles, or some of them, are now concealed in or about the dwelling house, or outhouses connected therewith, of the said Samuel Miller, in said county; and affiant prays a search warrant to search said premises, and seize the said goods if found, and also the body of said Samuel Miller, to be disposed of according to law.

"Edward Nolly.

"Sworn to and subscribed before me, the ____________________ day of ____________________, 1906.

"Andrew Sims, J.P."

Codes, 1892, § 1497; 1906, § 1569; Hemingway's 1917, § 1331; 1930, § 1357; 1942, § 2604.

Notes of Decisions

Cited in 3 cases, 2000–2013 · leading case: White v. State, 842 So. 2d 565 (Miss. 2003).

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White v. State, 842 So. 2d 565 (Miss. 2003). · cites it 2× “The current status of our law requires the affiant's and the affidavit's presence before the issuing magistrate before a search warrant may properly issue. See Miss.Code Ann. § 41-29-157(a)(2) (2001).”

Terry Smith v. The State of Wyoming, 2013 WY 122 (Wyo. 2013). “See Miss.Code Ann. § 99-25-15 (2000). Thus, by requiring a sworn affidavit before issuance of a warrant, we insure the affidavit is free from facts which might be discovered later and included in a subsequently filed affidavit to support the finding of probable cause.”

James v. White v. State of Mississippi (Miss. 2000). · cites it 2× “The current status of our law requires the affiant’s and the affidavit’s presence before the issuing magistrate before a search warrant may properly issue. See Miss.”

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