NC General Statutes

N.C. Gen. Stat. § 15A-252 (2026)

Service of a search warrant

✓ current as of July 2026
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Before undertaking any search or seizure pursuant to the warrant, the officer must read the warrant and give a copy of the warrant application and affidavit to the person to be searched, or the person in apparent control of the premises or vehicle to be searched.  If no one in apparent and responsible control is occupying the premises or vehicle, the officer must leave a copy of the warrant affixed to the premises or vehicle. (1973, c. 1286, s. 1.)

 

Notes of Decisions
Cited in 15 cases, 1978–2018 · leading case: State v. Eason, 402 S.E.2d 809 (N.C. 1991).
State v. Eason, 402 S.E.2d 809 (N.C. 1991). · cites it 3× “By his next assignment of error, the defendant contends the trial court erred in denying his motion to suppress evidence seized pursuant to the search warrant because the officer serving it failed to comply with N.C.G.S. § 15A-252. We decline to consider this assignment because…”
State v. Vick, 502 S.E.2d 871 (N.C. Ct. App. 1998). · cites it 11× “e ensuing search warrant; (II) waiting only ten to fifteen seconds after a knock-and-announce prior to making a forcible entry was reasonable under the circumstances; (III) the cocaine located in Defendant’s refrigerator would inevitably have been discovered by the officers; and…”
City of West Covina v. Perkins, 525 U.S. 234 (1999). · cites it 2× “50 (McKinney 1995); N. C. Gen. Stat. §§ 15A-252, 15A-254 (1997); N.”
Evans v. United Servs. Auto. Ass'n, 541 S.E.2d 782 (N.C. Ct. App. 2001). · cites it 2× “In Eason , defendant contended that the trial court erred in denying his motion to suppress evidence seized pursuant to a search warrant because the officer serving the warrant allegedly failed to comply with the provisions of N.C. Gen. Stat. § 15A-252. In declining to consider…”
State v. Downey, 791 S.E.2d 257 (N.C. Ct. App. 2016). · cites it 9× “G.S. § 15A-254 recognizes as much, providing that "an officer must write and sign a receipt itemizing the items taken " only " [u]pon seizing items pursuant to a search warrant.”
State v. Moose, 398 S.E.2d 898 (N.C. Ct. App. 1990). · cites it 7× “Further, N.C. Gen. Stat. § 15A-252 (1988) provides: Before undertaking any search or seizure pursuant to the warrant, the officer must read the warrant and give a copy of the warrant application and affidavit to the person to be searched, or the person in apparent control of the…”
State v. Jones, 388 S.E.2d 213 (N.C. Ct. App. 1990). · cites it 4× “” G.S. 15A-252. The trial court found as facts that Detective Phillips read the warrant to *196 Mr.”
State of Tennessee v. Angela Faye Daniel, 552 S.W.3d 832 (Tenn. 2018). “5 -211(C); N.C. Gen. Stat. Ann. § 15A-252 ; N.D. R. Crim.”
State v. Davidson, 506 S.E.2d 743 (N.C. Ct. App. 1998). · cites it 2× “Fruitt held that the failure to read a search warrant before entering an outbuilding and failure to leave a copy of the warrant and inventory of items seized at the premises in violation of N.C. Gen. Stat. §§ 15A-252 and 254 did not amount to a substantial violation.”
State v. Rogers, 259 S.E.2d 572 (N.C. Ct. App. 1979). · cites it 2× “She argues that no search warrant was read to her and that the search violated N.C. Gen. Stat. § 15A-252. This statute, which provides that “[b]efore undertaking any search or seizure pursuant to the warrant, the officer must read the warrant and give a copy of the warrant…”
State v. Knight, 459 S.E.2d 481 (N.C. 1995). “*546 § 15A-252, the search warrant was not read to McGrew until ten minutes after the police entered the residence at which time the search for evidence had already been conducted.”
State v. Fruitt, 241 S.E.2d 125 (N.C. Ct. App. 1978). · cites it 2× “In carrying the marijuana from the premises without leaving a copy of the search warrant affixed to the premises, as required by G.S. 15A-252, and without leaving in the premises a receipt itemizing the items taken, as required by G.”
— N.C. Gen. Stat. § 15A-252(b)(4) — 1 case
State v. Smyre, 776 S.E.2d 363 (N.C. Ct. App. 2015).
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