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II. Judicial Standards and Principles
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2.8 General Principles of Warrants |
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Article 55-Warrants
and medical examinations |
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| 55.1 |
Warrants and medical
examinations |
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A "search and medically examine warrant" is a written order, issued by a magistrate and directed to a peace officer, commanding them to secure a man or woman in order to make a medical examination and to deliver to the magistrate any of the medical evidence pursuant to the order. |
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In order for a search and medically examine warrant to be granted against a man or woman or property the following conditions of probable cause must be met: |
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(1) that a specific offense has allegedly been committed which involves medical evidence upon a man or woman ; |
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(2) that the man or woman has refused to voluntarily provide for medical examination or samples for analysis; |
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(3) A sworn affidavit setting forth substantial these facts establishing probable cause has been filed properly. |
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