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N.Y. Gen. Bus. Law § 272

Search warrant

2014-09-22

§ 272. Search warrant. If at the time of the issue of the summons in a\ncourt not of record, the plaintiff or his agent make affidavit that he\nhas reason to believe and does believe that any defendant has any such\ncan or cans secreted upon his premises, the justice or other magistrate\nor court issuing the summons must, without requiring an undertaking,\ngrant an order for the arrest of the defendant, which order shall also\ncontain a direction to the officer to whom the same is issued, to\nimmediately search the place or premises mentioned in said affidavit,\nand if any such can or cans are there found, to bring the same together\nwith the defendant or other persons in whose possession said can or cans\nare found, before such justice, magistrate or court. The proceedings may\nbe amended at any time by adding parties or otherwise as justice may\nrequire; and the judgment may provide for the disposition of the can or\ncans so found.\n If upon the issue of any such process, the constable, or other\nofficer, shall be unable to find the person or persons therein named,\nbut shall find any can or cans, as therein set forth, he shall bring\nsuch can or cans before such justice or magistrate, who shall thereupon\nproceed to determine the right of such complainant thereto, and if upon\nsuch hearing had thereon he shall be satisfied that such can or cans\nrightfully belong to such complainant, or that he is entitled to the\npossession thereof, he shall forthwith deliver the same into his\npossession or the possession of his agent.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.