A. 
A "search warrant" is a written order, signed by a Tribal Court Judge, directing a tribal law enforcement officer to conduct a search of property or a person and seize property as specified in the warrant. A search warrant must describe the person, property, or place to be searched and must describe the property to be seized.
B. 
A search warrant will be issued only by a Tribal Court Judge and only upon probable cause supported by sworn testimony that a search will discover one of the following:
(1) 
Stolen, embezzled, contraband, or otherwise unlawfully possessed property;
(2) 
Property which has been or is being used to commit a criminal offense;
(3) 
Property which constitutes evidence of the commission of a criminal offense; or
(4) 
A person for whom an arrest warrant has been issued or will be issued contemporaneously with the issuance of the search warrant.
C. 
If an affidavit for a search warrant is submitted via email or fax, or a search warrant is issued via email or fax, the transmitted copies of the affidavit or search warrant are duplicate originals of the affidavit or search warrant.
D. 
An affidavit for a search warrant may be made in person, or by email, fax, or telephone after the following occur:
(1) 
The law enforcement officer requesting the search warrant was placed under oath by the Tribal Court Judge; and
(2) 
Sworn testimony to support the affidavit was given to establish probable cause that the defendant committed an offense against tribal law.
Search warrants must be executed only by authorized law enforcement officers. The executing law enforcement officer must return the search warrant, along with the completed written inventory of the items seized, to the Tribal Court within 10 days from the date of issuance. The Tribal Court will have the discretion to grant an extension of time for good cause.
No law enforcement officer will conduct any search without a warrant except:
A. 
When the law enforcement officer is making a lawful arrest;
B. 
With the voluntary consent of the person being searched or the person entitled to possession of property being searched;
C. 
When the search is of a movable vehicle and the law enforcement officer has probable cause to believe that it contains contraband, stolen property, or property otherwise unlawfully possessed;
D. 
When the search is of a person and the officer has probable cause to believe the person is armed;
E. 
When the search involves evidence which is in plain view of a law enforcement officer from a location where the officer has a legal right to be at that specific time;
F. 
When the search involves entry into a residence or other location normally not open to the public, and when one or more of the following circumstances are present:
(1) 
The law enforcement officer enters the premises while continuing the hot pursuit of a suspect and the officer has reason to believe the suspect has committed a felony or the suspect has escaped from the custody of law enforcement officers; or
(2) 
The law enforcement officer enters the premises based upon a reasonable belief that entry is necessary to rescue a person in imminent threat of death or serious injury.
A. 
The law enforcement officer serving and executing a warrant must take inventory of all property seized. A copy of the search warrant and inventory must be left with the person from whom or at the location from which property is seized.
B. 
A hearing will be held by the Tribal Court to determine the disposition of all property seized by the police. Upon satisfactory proof of ownership, the property will be returned to the owner, unless the property is contraband or is to be used as evidence in a pending case. Property seized as evidence that is not contraband must be returned to the owner after the full judicial process is complete. Property confiscated as contraband must be destroyed or otherwise lawfully disposed of as ordered by the Tribal Court.