27.06.030 Application for Search Warrant.
(1) Only Cowlitz Tribal Court judges have the authority to issue warrants. Application for a search warrant may be made only by the prosecutor or a police officer acting on behalf of the Tribe.
(2) The application for the proposed warrant must consist of a sworn affidavit setting forth the facts and circumstances tending to show that such things are in the places, or in the possession of individuals, to be searched. The affidavit can be based upon hearsay so long as a basis for crediting the hearsay is also presented in the affidavit; the source of the affiant’s and the informer’s knowledge must also be shown. But, more conclusory statements made by the affiant shall not be sufficient to support probable cause.
(A) A search warrant will be issued only upon a sworn affidavit which presents facts to the judge upon which they can independently find that probable cause exists sufficient to issue the warrant. The existence of probable cause sufficient to support the issuance of the search warrant must be determined by the judge from the face of the affidavit. However, affidavits do not have to be extremely detailed or perfect. They should be interpreted consistent with common sense and the dictates of the circumstances. It is proper under this rule to use printed affidavit forms so long as sufficient information about the case at hand is provided on the form.
(3) Instead of the written affidavit described in subsection (2) of this section, the judge may take an oral statement under oath by telephonic or electronic means when circumstances exist making it impractical for a prosecutor or police officer to obtain a warrant in person. The oral statement must be recorded. In such cases, the recording of the sworn oral statement, and the transcribed statement, will be considered to be an affidavit for the purposes of this subsection. In such cases, the judge shall certify receiving the recording of the sworn oral statement and the transcribed statement, and it must be retained as a part of the record of proceedings for the issuance of a warrant.