806. Unreasonable Search-The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches or seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by cath or affirmation, describing as particularly as may be the place to be searched and the person or thing to be seized. (Sec. 30, Art. 2, Const.) Maliciously procuring search warrant, see Sec. 1608. 807. Search Warrant Defined-A search warrant is an order in writing, in the name of the State, signed by a magistrate, directed to a peace officer, commanding him to search for personal property and bring it before the magistrate. (6059 R. L. 1910) 808. Grounds for Issue of Warrant-It may be issued upon either of the following grounds: First. When the property was stolen or embezzled, in which case it may be taken on the warrant, from any house or other place in which it is concealed, or from the possession of the person by whom it was stolen or embezzled, or of any other person in whose possession it may be. Second. When it was used as the means of committing a felony, in which case it may be taken on the warrant from any house or other place in which it is concealed, or from the possession of the person by whom it was used in the commission of the offense, or of any other person in whose possession it may be. Third. When it is in the possession of any person, with the intent to use it as the means of committing a public of fense, or in the possession of another to whom he may have delivered it for the purpose of concealing it or preventing its being discovered, in which case it may be taken on the warrant from such person, or from a house or other place occupied by him, or under his control, or from the possession of the person to whom he may have so delivered it. (6060 R. L. 1910) 809. Probable Cause Must Be Shown-A search warrant shall not be issued except upon probable cause, supported by affidavit, naming or describing the person, and particularly describing the property and the place to be searched. (6061 R. L. 1910) 810. Complaint Must Be Made-The magistrate must, before issuing the warrant, take, on oath, the complaint of the prosecuting witness in writing, which must set forth the facts tending to establish the grounds of the application, or probable cause for believing that they exist. (6062 R. L. 1910) 811. Requisites of Warrant-If the magistrate be thereupon satisfied of the existence of grounds of the application, or that there is probable cause to believe their existence, he must issue a search warrant, signed by him, with his name of office, to a peace officer in his county, commanding him forthwith to search the person or place named, for the property specified, and to bring it before the magistrate, and also to arrest the person in whose possession the same may be found, to be dealt with according to law. (6063 R. L. 1910) 812. Form of Warrant-The warrant must be in substantially the following form: The State of Oklahoma, to any Sheriff, Constable, Marshal, or Policeman in the County of------: Proof by affidavit having been this day made before me, by (naming every person whose affidavit has been taken) that (stating the particular grounds of the application according to the second section of this chapter, or if the affidavit be not positive) that there is probable cause for believing that (stating the grounds of the application in the same manner). You are, therefore, commanded, in the day time (or "at any time of the day or night," as the case may be, according to the fourth following section) to make immediate search on the person of C. D. (or "in the house situated," describing it, or any other place to be searched, with reasonable particularity, as the cause may be) for the following property (de scribing it with reasonable particularity), and if you find the same, or any part thereof to bring it forthwith, before me, at (stating the place). Dated at---- --, the___day of----- 19- E. F., Justice of the Peace of the City (or town) of (or as the case may be). 6064 R. L. 1910) 813. Service of Warrant-A search warrant may in all cases be served by any of the officers mentioned in its direction, but by no other person except in aid of the officer, on his requiring it, he being present and acting in its execution. (6065 R. L. 1910) 814. Officer May Break Door-The officer may break open an outer or inner door or window of a house, or any part of the house, or anything therein, to execute the warrant, if, after notice of his authority and purpose he be refused admittance. (6066 R. L. 1910) 815. Same-For Liberating Person-He may break open any outer or inner door or window of a house for the purpose of liberating a person who, having entered to aid him in the execution of the warrant, is detained therein, or when necessary for his own liberation. (6067 R. L. 1910) 816. Warrant May Be Served at Night-The magistrate must insert a direction in the warrant that it be served in the daytime, unless the affidavits be positive that the property is on the person or in the place to be searched. In which case he may insert a direction that it be served at any time of the day or night. (6068 R. L. 1910) 817. Warrant Void After Ten Days-A search warrant must be executed and returned to the magistrate by whom it is issued within 10 days. After the expiration of these times, respectively, the warrant, unless executed, is void. (6069 R. L. 1910) 818. Disposition of Property Recovered.-When the property is delivered to the magistrate, he must, if it was stolen or embezzled, deliver it to the owner on satisfactory proof of his title, and on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate. If it were taken on a warrant issued on the grounds stated in the second and third subdivisions of the second section of this article, he must retain it in his possession, subject to the order of the court to which he is required to return the proceedings before him or of any other court in which the of fense, in respect to which the property was taken, is triable. (6070 R. L. 1910) 819. Return of Warrant-The officer must forthwith return the warrant to the magistrate and deliver to him a written inventory of the property taken; made publicly, or in the presence of the person from whose possession it was taken, and of the applicant for the warrant, if they be present, verified by the affidavit of the officer, and taken before the magistrate to the following effect: I, A. B., the officer by whom this warrant was executed, do swear that the above inventory contains a true and detailed account of all the property taken by me on the warrant. (6071 R. L. 1910) 820. Copy of Inventory-The magistrate must thereupon, if required, deliver a copy of the inventory to the person from whose possession the property was taken, and to the applicant for the warrant. (6072 R. L. 1910) 821. Complaint Controverted-If the grounds on which the warrant was issued be controverted, the magistrate must proceed to take testimony in relation thereto. (6073 R. L. 1910) 822. Same-Testimony-The testimony given by each witness must be reduced to writing and authenticated in the manner as in preliminary examinations. (6074 R. L. 1910) 823. Restoration of Property to Person Searched-If it appears that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate must cause it to be restored to the person from whom it was taken. (6075 R. L. 1910) 824. Papers Returned to District Court-The magistrate must annex together the depostions, the search warrant, and return, and the inventory. and then return them to the next district court of the county having power to inquire into the offense in respect to which the search warrant was issued by the intervention of a grand jury at or before its opening on the first day. (6076 R. L. 1910) 825. Search of Defendant for Weapons or Evidence-When a person charged with a felony is supposed by the magistrate before whom he is brought to have upon his person a dangerous weapon or anything which may be used as evidence of the commission of the offense, the magistrate may direct him to be searched in his presence, and the weapon or other thing to be retained, subject to his order or the order of the court in which the defendant may be tried. (6079 R. L. 1910) 826. Indictments Transferred-The grand jury of each county in the State is hereby empowered and authorized to investigate all felonies and misdemeanors committed in their respective jurisdictions; and upon the filing of an indictment in the district court, which charges an offense over which such court has no jurisdiction, the judge of such court shall, as soon as convenient, make an order transferring the same to such inferior court as may have jurisdiction to try the offense therein. charged, stating in such order the cause transferred, and to what court transferred. (5551 R. L. 1910) This act is not unconstitutional. 100 P. 25. Ex parte Wade, 2 Okla. Cr. 100, An error in Proceedings of transfer must be strictly complied with. the transfer cannot be cured by supplemental record. State v. Clifton, 2 Okla. Cr. 189, 100 P. 1124. District court has implied jurisdiction to receive indictments for misdemeanors, and transfer same to court having jurisdiction to try same. Antonelli v. State, 3 Okla. Cr. 580, 107 P. 951; Id. 585, 107 P. 953; Petitti v. State, 3 Okla. Cr. 587, 107 P. 954. Where record is incomplete, county court should return same for correction before filing. Hendrix v. State, 5 Okla. Cr. 125, 113 P. 544. After defendant has entered his plea an objection to the transfer comes too late. Eakins v. State, 7 Okla. Cr. 351, 123 P. 1035; Warner v. State, 8 Okla. Cr. 497, 129 P. 76. An information filed in district court charging misdemeanor cannot be transferred to county court. Wychoff v. State, 6 Okla. Cr. 122, 116 P. 355; Ex parte Garland, 6 Okla. Cr. 134, 116 P. 1113; Ex parte Wright, 6 Okla. Cr. 136, 116 P. 1113. County court cannot dismiss indictment transferred from district court. State v. Hunter, 8 Okla. Cr. 505, 129 P. 440. If certificate of the proceedings does not accompany an indictment in transfer, the county court takes no jurisdiction. Wilson v. State, 5 Okla. Cr. 367, 114 P. 1126; Yaltz v. State, 3 Okla. Cr. 20, 103 P. 1104. No formal certificate required. A substantial compliance with law is sufficient. Miles v. State, 11 Okla. Cr. 476; Dew v. State, 11 Okla. Cr. 581. 827. Records to Be Certified-It shall be the duty of the |