Persons or Things Subject to Search and Seizure

A search warrant may be issued for any of the following: (1) evidence of a crime; (2) contraband, fruits of crime, or other things unlawfully possessed; (3) thing(s) designed for use, intended for use, or which is being or has been used in committing a crime; and 15 (4) a person to be arrested, or who is unlawfully restrained. Comment Generally, Rule 4 protects the rights guaranteed by article 3, section 23, of the Mississippi Constitution (“The people shall be secure in their persons, houses, and possessions, from unreasonable seizure or search; and no warrant shall be issued without probable cause, supported by oath or affirmation, specially designating the place to be searched and the person or thing to be seized.”). The Rule is broad enough to embrace the issuance of anticipatory search warrants; a warrant to search for things that are not within the jurisdiction when the warrant is issued, but that are expected to be within the jurisdiction when the search is conducted, is valid if it otherwise complies with the United States Constitution, the Mississippi Constitution, and Rule 4. See United States v. Grubbs, 547 U.S. 90, 126 S. Ct. 1494, 164 L. Ed. 2d 195 (2006).