Rule 36.05 – Issuance of Warrant

May 13, 2021 | Criminal Procedure, Minnesota

The judge must order issuance of a warrant if:

(a) the circumstances make it reasonable to dispense with a written affidavit, or written statement signed under penalty of perjury pursuant to Minnesota Statutes, section 358.116;
(b) the warrant request conforms with the law; and
(c) probable cause exists for issuance of the warrant.

The judge may order the issuance of a warrant by directing the applicant to sign the judge’s name on the duplicate original warrant, and if so, the judge must immediately sign the original warrant and enter on the face of the original warrant the exact time the judge signed the warrant. Alternatively, the judge may sign the warrant and transmit it to the officer by electronic transmission, or by other appropriate means. The finding of probable cause may be based on the same kind of evidence as is sufficient for a warrant upon affidavit.

Minn. R. Crim. P. 36.05

Amended April 22, 2015, effective July 1, 2015.