4.04.040 Seizure, Custody and Delivery of Property by Officer; Method; Service of Papers Received

Upon receipt of a copy of the endorsed sworn affidavit, proof of security and notice of levy by the police officer, the officer shall accompany the plaintiff or his agent to secure the property described in the affidavit, if the property is in the possession of the defendant or his agent. If the property or any part thereof is concealed in a building or enclosure, then the plaintiff must request that the police officer obtain a search warrant from the Tribal Court. The warrant will only be issued upon a showing of probable cause as to the basis for the belief that the property is so

located. The plaintiff, at the time of taking any property, shall serve on the defendant a copy of the affidavit, endorsement, and proof of security or cash bond and notice of levy showing the property taken by delivering the same to the defendant personally, if he can be conveniently found, or to his agent from whose possession the property is taken; or if neither can be found, by leaving the papers at the usual place of abode of either, with some person of suitable age and discretion.