Sec. 54-33a. Issuance of search warrant. - Connecticut Statutes

      Sec. 54-33a. Issuance of search warrant. (a) As used in sections 54-33a to 54-33g, inclusive, "property" includes, without limitation, documents, books, papers, films, recordings and any other tangible thing.

      (b) Upon complaint on oath by any state's attorney or assistant state's attorney or by any two credible persons, to any judge of the Superior Court or judge trial referee, that such state's attorney or assistant state's attorney or such persons have probable cause to believe that any property (1) possessed, controlled, designed or intended for use or which is or has been used or which may be used as the means of committing any criminal offense; or (2) which was stolen or embezzled; or (3) which constitutes evidence of an offense, or that a particular person participated in the commission of an offense, is within or upon any place, thing or person, such judge or judge trial referee, except as provided in section 54-33j, may issue a warrant commanding a proper officer to enter into or upon such place or thing, search the same or the person and take into such officer's custody all such property named in the warrant.

      (c) A warrant may issue only on affidavit sworn to by the complainant or complainants before the judge or judge trial referee and establishing the grounds for issuing the warrant, which affidavit shall be part of the arrest file. If the judge or judge trial referee is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, the judge or judge trial referee shall issue a warrant identifying the property and naming or describing the person, place or thing to be searched. The warrant shall be directed to any police officer of a regularly organized police department or any state police officer, to an inspector in the Division of Criminal Justice or to a conservation officer, special conservation officer or patrolman acting pursuant to section 26-6. The warrant shall state the date and time of its issuance and the grounds or probable cause for its issuance and shall command the officer to search within a reasonable time the person, place or thing named, for the property specified. The inadvertent failure of the issuing judge or judge trial referee to state on the warrant the time of its issuance shall not in and of itself invalidate the warrant.

      (1963, P.A. 652, S. 1, 3; February, 1965, P.A. 439; 574, S. 46; P.A. 74-183, S. 138, 291; P.A. 76-436, S. 530, 681; P.A. 77-504; P.A. 79-14, S. 3; P.A. 80-313, S. 8; P.A. 81-227, S. 3; June Sp. Sess. P.A. 98-1, S. 39, 121; P.A. 00-31; P.A. 01-72, S. 2; P.A. 04-147, S. 2.)

      History: 1965 acts authorized search of person and made grammatical correction; P.A. 74-183 replaced circuit court with court of common pleas in Subsec. (b), reflecting reorganization of judicial system, effective December 31, 1974; P.A. 76-436 added reference to assistant state's attorneys and deleted reference to prosecuting attorneys and to court of common pleas in Subsec. (b), reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 77-504 added Subsec. (b)(3) authorizing issuance of search warrant to discover property constituting evidence of offense or evidence that a person participated in the commission of an offense; P.A. 79-14 added exception re Sec. 54-33j in Subsec. (b)(3); P.A. 80-313 substituted "may" for "shall" in Subsec. (c) provision re issuance of warrant on sworn affidavit; P.A. 81-227 amended Subsec. (c) by authorizing judges to direct search warrants to conservation officers and patrolmen acting pursuant to Sec. 26-6; June Sp. Sess. P.A. 98-1 made a technical change in Subsec. (c), effective June 24, 1998; P.A. 00-31 amended Subsec. (c) to require the warrant to state the date and time of its issuance and to add provision that the inadvertent failure of the issuing judge to state on the warrant the time of its issuance shall not in and of itself invalidate the warrant, and made technical changes in Subsecs. (b) and (c) for purposes of gender neutrality; P.A. 01-72 added references to judge trial referee in Subsecs. (b) and (c); P.A. 04-147 amended Subsec. (c) to authorize a warrant to be directed to an inspector in the Division of Criminal Justice and make a technical change for purposes of gender neutrality.

      See Sec. 54-154 re taxing of expenses in search and seizure cases.

      Former statute did not authorize seizure of contraceptive material. 126 C. 428. Under former statute, obscene materials could be seized regardless of who possessed them or of knowledge or intent in such possession. 146 C. 78. This section and sections 54-33b to 54-33g, inclusive, passed subsequent to Mapp v. Ohio (367 U.S. 643) which held that evidence obtained by unlawful search and seizure is inadmissible in state courts. Prior to such passage if search and seizure were incidental to lawful arrest, they were not unreasonable. 149 C. 567. Cited. 153 C. 8. Judge issuing search warrant not required to recite in warrant the grounds on which he found probable cause. Id., 708, 709. Warrant calling for search and seizure of passenger automobile includes whatever was an integral part or component of that automobile, e.g., dust on floor, stains on interior, seats and cushions. 155 C. 145. Neither the recital that affiant had information from reliable informant nor statement that apartment sought to be searched had been under surveillance were sufficient grounds for issuance of warrant; warrant issued was illegal. Id., 385. Cited. 165 C. 239. Cited. 169 C. 322. Cited. 170 C. 618. Cited. 181 C. 562. Cited. 196 C. 471. Cited. 206 C. 90. Cited. 219 C. 529. Cited. 224 C. 29. Cited. 226 C. 514.

      Cited. 10 CA 561. Cited. 30 CA 249.

      Search and seizure which, though without warrant, is consented to is not within exclusionary rule. But mere acquiescence in and peaceful submission to demands of searching officers is not to be construed as consent. 23 CS 41. Defendant's application for order to return articles illegally seized was denied. Id. Where search warrant is issued and executed, presumption is that proper legal procedure was observed and burden is on defendant to overcome presumption. Id., 405. Even though evidence was obtained as result of illegal search and seizure, defendant was not entitled to motion to suppress evidence in advance of trial. 24 CS 36. But see now section 54-33f. Arrest for minor traffic violation did not justify search of car without a warrant. 25 CS 229. If stolen goods were in plain sight, search might have been justified. Id. Reference in warrant, after specifying drugs and named instruments for using them, concluded "and any other paraphernalia" which could be used in taking drugs and was too broad; items not specifically mentioned in warrant could not be used in evidence. 28 CS 19. Cited. 41 CS 1.

      Where judge had before him no information which permitted him to make an independent judicial determination of the existence of probable cause for the issuance of a search and seizure warrant, the issuance of such warrant was in violation of the constitution and the evidence seized as a result of its execution is not admissible in defendants' trial. 3 Conn. Cir. Ct. 97, 98. An unsigned and undated search warrant is fatally defective, invalid and void and confers no authority to act thereunder. Id., 641, 644. Supporting affidavit sufficient when it recited several instances of information by others of defendant operating his home for pool selling and police surveillance of activity of defendant in community. Name of informant need not be disclosed. 4 Conn. Cir. Ct. 603. Cited. 5 Conn. Cir. Ct. 44, 46. Motion to suppress evidence obtained by search and seizure under warrant issued fourteen days before actual seizure granted on grounds execution of warrant was not made within reasonable time. Id., 468. Affidavit in support of search warrant for violation of pool selling statute, that set forth underlying circumstances, reasons informants were reliable, actual betting transactions and personal observation of defendant by affiants was sufficient. Id., 669.

      Subsec. (b):

      Subdiv. (1) cited. 179 C. 23; 192 C. 98. Cited. 229 C. 125.

      Possession or control of property is relevant, not ownership. 57 CA 396.

      Subdiv. (1) cited. 1 CA 315.

      Subsec. (c):

      Cited. 179 C. 522. Search warrant, unsigned by judge, was not legally "issued". 184 C. 95. Cited. 188 C. 183. Neither this section nor the commonly approved definition of "affidavit" requires assigned jurat; judgment of appellate court in State v. Colon, 32 CA 402, reversed, 230 C. 24.

      Cited. 14 CA 356. Cited. 32 CA 402; judgment reversed, see 230 C. 24. Cited. 39 CA 369.