Form 9-214, Search warrant, is a New Mexico Judicial Branch form approved by the Supreme Court for use with District Court Rule 5-211, Magistrate Court Rule 6-208, Metropolitan Court Rule 7-208 and Municipal Court Rule 8-207. A judge uses it to order an officer to search a person or place described in an affidavit, and the officer uses its return and inventory pages to report the result. On FillingPDF you can fill out the search warrant form online and download or print the completed PDF; the court publishes the original PDF at nmcourts.gov.
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What is 9-214?
Form 9-214, Search warrant, is the New Mexico Supreme Court approved form on which a judge, after reviewing an Affidavit for Search Warrant and finding probable cause, commands an officer to search a person or place and seize the person or property described.
The form is published by the New Mexico Judicial Branch and is marked for use with four court rules: District Court Rule 5-211, Magistrate Court Rule 6-208, Metropolitan Court Rule 7-208 and Municipal Court Rule 8-207. It carries a case caption (State, county or city, court number and defendant) and bracketed alternatives for the State of New Mexico or a city.
One document holds several parts:
- The Search Warrant itself, signed and dated by the judge. It states that a copy of the Affidavit is attached and made part of the warrant.
- The Authorization for Nighttime Search, a separate judge's finding with the reasons a nighttime search is necessary.
- The Return and Inventory, completed by the officer after the search, with the dates and time of execution, the inventory of property taken and signatures.
- A closing statement the officer signs when, after careful search, the property described could not be found.
The form is not the affidavit. The Affidavit for Search Warrant is a separate document that the warrant refers to and attaches.
Who needs to file 9-214?
The form is addressed "TO ANY OFFICER AUTHORIZED TO EXECUTE THIS WARRANT" and is signed by a judge, so two groups work with it in different parts.
- Judges in the courts covered by the form's rule references (district, magistrate, metropolitan and municipal courts) sign and date the warrant once they are satisfied there is probable cause, and sign the separate nighttime authorization only if they find reasonable cause for a search outside 6:00 a.m. to 10:00 p.m.
- Officers authorized to execute the warrant serve it with a copy of the Affidavit, search, prepare the written inventory of any person or property seized, and complete and sign the Return and Inventory.
- The applicant for the warrant and the owner of the premises or property appear in the return: the inventory is made in the presence of the applicant and the owner, or of another credible person if they are not available, and the owner or other witness signs it.
- A judge or clerk completes the final line recording when the return was made.
The form does not say that any other person may complete it. It needs an Affidavit for Search Warrant to exist first.
When to file 9-214
The warrant is prepared after an Affidavit for Search Warrant has been submitted to the judge and the judge finds probable cause and grounds for issuance. The form commands the officer to search forthwith, between 6:00 a.m. and 10:00 p.m., unless the judge has specifically authorized a nighttime search on the Authorization for Nighttime Search page.
The Return and Inventory comes later. The warrant directs the officer to file the return and written inventory with the Court promptly after the warrant is executed. The form prints no fixed number of days. The return records the date the officer received the warrant and the date and time it was executed. If nothing is found, the closing statement on the last page is signed and dated instead of listing property.
Documents you need
- Affidavit for Search Warrant: a copy is attached to the warrant and made part of it, and the officer serves it together with the warrant.
- Written inventory of any person or property seized: the officer prepares it, and a separate sheet may be attached if the form's lines are not enough.
- Copy of the inventory for the items seized: left with the person searched or the owner at the place of search, together with a copy of the warrant.
How to fill out 9-214
Complete the court caption
At the top, enter the county or city, the name of the court and the court number, and the case name with the defendant. Choose the bracketed alternative (State of New Mexico, county or city) that fits your court.
Select the issuing authority
In the line beginning THE, keep the State of New Mexico or enter the city, depending on which applies. Delete or leave unused the other bracketed option.
Date and sign the warrant
The judge enters the date after Date: and signs above Judge. The warrant text and the 6:00 a.m. to 10:00 p.m. hours are printed.
Add a nighttime authorization if needed
Only if the judge finds reasonable cause, write the reasons a nighttime search is necessary in the lines under Authorization for Nighttime Search. The judge signs on the line above Judge.
Record receipt and execution dates
In the Return and Inventory, enter the date the officer received the warrant and the day, month, year and time it was executed, circling or choosing a.m. or p.m.
Name who received the copies
Enter the name of the person searched or the owner at the place of search, who was left a copy of the warrant and of the inventory.
List the property taken
Write the inventory of property taken under the warrant on the lines provided. Attach a separate inventory if necessary.
Name the inventory witnesses
Enter the name of the applicant for the search warrant and the name of the owner of the premises or property. If they were not available, name another credible person who witnessed the inventory.
Sign the return
The officer signs on Signature of Officer, and the owner or other witness signs on the second line. A judge or clerk then enters the day, month, year and time the return was made.
Complete the not-found statement if applicable
If the property described was not found after careful search, the officer signs and dates the closing statement on the last page.
Review and download the PDF
Check the caption, dates, the bracketed choices and the signature lines, then download or print the completed PDF from FillingPDF and submit it through the court's channels.
How to submit 9-214
The form names one filing step: the officer files the return and written inventory with the Court promptly after the warrant is executed. It prints no address, portal or fee.
- Warrant: the judge signs and dates it; the officer serves it together with a copy of the Affidavit, which is attached and made part of the warrant.
- Copy left at the search: a copy of the warrant and a copy of the inventory for the items seized are left with the person searched or the owner at the place of search, named on the return.
- Return and inventory: filed with the Court that issued the warrant; attach a separate inventory if the form's lines are not enough.
Ask the court clerk about local filing methods. FillingPDF lets you fill out and download the PDF; submission follows the court's channels.
Common mistakes to avoid
- Issuing or serving the warrant without attaching a copy of the Affidavit, which the form says is attached and made part of the warrant.
- Executing the search between 10:00 p.m. and 6:00 a.m. without the judge's signed Authorization for Nighttime Search.
- Completing the nighttime authorization without writing out the reasons a nighttime search is necessary.
- Leaving the bracketed alternatives unresolved, such as State of New Mexico versus City, or a.m. versus p.m. in the return.
- Making the inventory without naming the applicant and the owner (or another credible person) as witnesses, as the return requires.
- Not leaving a copy of the warrant and of the inventory with the person searched or the owner of the place.
- Delaying the return: the warrant directs the officer to file the return and written inventory promptly after execution.
- Signing the return without the owner's or other witness's signature in the second signature block.
Frequently asked questions
What is Form 9-214, the New Mexico search warrant form?
Form 9-214 is the Supreme Court approved Search warrant form of the New Mexico Judicial Branch. A judge signs it after finding probable cause from an Affidavit for Search Warrant, and it commands an officer to search the person or place described and seize the person or property.
Which courts can use this search warrant form?
The form is marked for use with District Court Rule 5-211, Magistrate Court Rule 6-208, Metropolitan Court Rule 7-208 and Municipal Court Rule 8-207. The caption has spaces for the county or city and the court name and number.
What hours can a search warrant be executed under this form?
Between 6:00 a.m. and 10:00 p.m., unless the judge has specifically authorized a nighttime search. For that, the judge completes and signs the Authorization for Nighttime Search and sets out why a nighttime search is necessary.
What is the return and inventory on a search warrant?
It is the officer's report on the same form: when the warrant was received and executed, who was left copies, a list of the property taken, who witnessed the inventory, and signatures. The warrant directs the officer to file it with the Court promptly after execution.
What happens if the property is not found?
The officer signs and dates the last-page statement that, after careful search, the property described in the warrant could not be found at the place or on the person described.
Is the affidavit part of the search warrant?
Yes. The form states that a copy of the Affidavit is attached and made part of the warrant, and the officer serves the warrant together with a copy of the Affidavit. The affidavit itself is a separate document.
Can I fill out the search warrant form online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not issue, file or serve the warrant; the judge, officer and court handle those steps.
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