WARRANT FOR THE SEARCH AND SEIZURE OF WEAPONS

WARRANT FOR THE SEARCH AND SEIZURE OF WEAPONS

5.10.1 The purpose of the issuance of a search warrant is to protect the victim of domestic

violence from further violence and not to discover evidence of criminality. There

must be sufficient facts and information presented to satisfy the judicial reasonable

cause requirement. The scope of the warrant and the times during which it may be

served must be set forth with specificity on the warrant.

5.10.2 When granting a TRO, the court should grant relief that includes forbidding the

defendant from possessing any firearm or other weapon as defined by N.J.S.A.

2C:39-1r. The possession of a weapon by a defendant may pose a danger to the

victim even though the alleged act of domestic violence did not involve the use or

threatened use of a weapon and even though there was no testimony or evidence that

the defendant had previously used or threatened to use a weapon against the victim.

5.10.3. N.J.S.A.2C:25-28j authorizes the issuance of a search warrant as a form of ex parte

relief at the time of the issuance of a TRO. N.J.S.A 2C:25-29b(16) contains identical

language authorizing similar relief at the time of the issuance of a FRO. Both statutes

are intended to protect the victim from the risk of serious bodily injury.

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5.10.4 The test to be applied by the Court is whether there exists reasonable cause to

believe that:

A. The defendant has committed an act of domestic violence;

B. The defendant possesses or has access to a firearm or other weapon(s) as

enumerated in N.J.S.A. 2C:39-1r; and

C. The defendant’s possession or access to the weapon poses a heightened or

increased risk of danger or injury to the victim.

5.10.5 A specific description of the weapon and its believed location should, as much as

practical, be set forth in the Order. The Court must make findings on the record and

state with specificity the reasons for its decision and the scope of the search. The

original return of the search warrant shall be delivered to the Court within ten (10)

days.

5.10.6 When a search warrant is recommended by a Domestic Violence Hearing Officer

(DVHO), the affidavit in support of the warrant shall set forth precise facts

constituting the basis for the conclusion that the defendant’s possession of a weapon

exposes the plaintiff/victim to a risk of serious bodily injury. Once the TRO hearing

is completed, the recommended TRO, along with the Weapons Seizure Affidavit,

should be presented to the appropriate judge for review (including specific review of

the affidavit and warrant section of the TRO) and signature. After reviewing the

TRO, affidavit and DVHO Case Notes, any questions regarding the sufficiency of the

information contained in the affidavit should be resolved by sworn testimony by the

victim before the judge. If the affidavit in support of the warrant for the search and

seizure of weapons recommended by the DVHO contains sufficient information, the

judge shall confirm with appropriate findings on the record and enter the order. The

reasonable cause determination regarding weapons seizure should be placed on the

record, along with the docket number and other identifying case information.

5.10.7 After reviewing the TRO, affidavit and DVHO Case Notes, the judge shall consider

and be satisfied as to the following:

A. The basis upon which plaintiff believes that the defendant possesses a

prohibited weapon or firearm;

B. The reasons plaintiff believes that the defendant’s possession of a prohibited

weapon or firearm poses a heightened or increased risk of danger or injury to

the plaintiff, which may include the past history if any of domestic violence

between the parties;

C. A description of the weapon or firearm which the defendant possesses;

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D. A specific description of the location where the weapons or firearms are

located, the owner of those premises, if not the defendant; and,

E. Other relevant factors that the particulars of the circumstances require.

5.10.8 When an ex parte application is made regarding seizure of weapons, whether before

the Court or the DVHO, the affidavit must be completed with the reasons for the

seizure specified.

5.10.9 When the service of a restraining order results in the seizure of weapons, the

weapons inventory should be attached to the return of service that is brought/faxed

back to the Family Division in the issuing county. The weapons themselves, along

with any licenses, identification. cards, other paperwork or documentation shall be

secured for storage by the prosecutor in the seizing county. At such time that the

seized property is needed by the prosecutor or the Family Court in the issuing

county, the prosecutor in the seizing county shall make arrangements for the delivery

of forward same.