Rule 41 - Search and seizure(a) Authority to Issue Warrant. A search warrant authorized by this rule may be issued by a judge of the District Court, as well as by any justice of the Supreme or Superior Courts. (b) Grounds for Issuance. A warrant may be issued under this rule to search for and seize any property. (1) Stolen or embezzled, or obtained by any false pretense with intent to cheat or defraud; (2) Designed or intended for use or which is or has been used as the means of committing a violation of law; (3) Possession of which is unlawful; (4) Which is evidence of the commission of a crime. (c) Issuance and Contents. A warrant shall issue only on written application by an officer or other person authorized by law to apply for a search warrant and supported by an affidavit, sworn to before a person authorized by this rule to issue warrants, specifically designating the place to be searched, the owner or occupant thereof, if known to the affiant, and the person to be searched for, and establishing the grounds for issuing the warrant. If the judge or justice is satisfied that grounds for the application exist, or that there is probable cause to believe that they exist, he or she shall issue a warrant identifying the property and naming or describing the person or place to be searched. The warrant shall be directed to any officer authorized by law to execute it where the person or place to be searched is located. It shall state the grounds or probable cause for its issuance and the names of the persons whose affidavits have been taken in support thereof. It shall command the officer to search forthwith the person or place named for the property specified. The warrant shall direct that it be served in the daytime, unless for good cause shown it provides for its execution at any time of day or night. It shall designate the division of the district court to which it shall be returned. (d) Execution and Return with Inventory. The warrant may be executed only within seven (7) days after its date. The officer taking property under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the applicant for the warrant and the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the applicant for the warrant or the person from whose possession or premises the property was taken, and shall be verified by the officer. The person from whom or from whose premises the property was taken and the applicant for the warrant may obtain a copy of the inventory from the clerk of the division of the District Court where it has been filed. (e) Return of Papers to Clerk. The warrant, a copy of the return, inventory and all other papers in connection therewith shall be filed with the clerk of the division of the District Court which has jurisdiction over the place where the property was seized. (f) Motion to Suppress Evidence. A person aggrieved by an unlawful search and seizure may move in the division of the District Court which has jurisdiction over the place where the property was seized, or in the division of the District Court to which such person has been brought pursuant to either Rule 5 or Rule 8, to suppress for use as evidence anything so obtained on the ground that (1) the property was illegally seized without warrant, or (2) the warrant is insufficient on its face, or (3) the property seized is not that described in the warrant, or (4) there was not probable cause for believing the existence of the grounds on which the warrant was issued, or (5) the warrant was illegally executed. The judge shall receive evidence on any issue of fact necessary to the decision of the motion. Whether or not a motion to suppress has been made initially in the District Court, the motion to suppress may be made in the Superior Court after an indictment has been returned or an appeal has been filed from the District Court and the Superior Court will not be bound by any prior determination of the District Court. The motion shall be made in the District Court before trial in cases involving misdemeanors or before preliminary examination in cases involving felonies unless opportunity therefor did not exist or the defendant was not aware of the grounds for the motion, but the court in its discretion may entertain the motion at the trial or hearing. (g) Return of Illegally Seized Property.1.Felony Cases. If a motion to suppress is granted by the District Court in a case involving a felony, the court shall not order the State to return illegally seized property unless (i) an indictment charging an offense involving such property has not been returned within six (6) months of the determination of the District Court or (ii) the grand jury has pursuant to Rule 6(f) of the Superior Court Rules of Criminal Procedure reported its failure to find an indictment charging an offense involving such property. In no event, shall property which is otherwise subject to lawful detention be ordered returned. 2.Misdemeanor Cases. If a motion to suppress is granted by the District Court prior to or during trial, the court shall not order illegally seized property which is not otherwise subject to lawful detention to be returned unless (i) the defendant is acquitted or, (ii) the defendant is convicted and does not file a notice of appeal within the time permitted under Rule 37. (h) Scope and Definition. This rule does not modify any act, inconsistent with it, regulating search, seizure and the issuance and execution of search warrants in circumstances for which special provision is made. The term "property" is used in this rule to include documents, books, papers and any other tangible objects. R.I. Dist. R. Crim. P. 41
As amended by the court on 7/7/1989.