HB 26 -- Telephonic Search Warrants

Sponsor:  Hartzler (124)

This bill allows law enforcement officials to obtain a search
warrant via telephone, radio or other electronically
communicated means.  The bill provides standardized forms for
(1) the application and affidavit for a telephonic search
warrant; and (2) the duplicate original search warrant issued by
the judge.  The bill allows a prosecutor to orally authorize a
law enforcement official to sign the prosecutor's name to an
application for a search warrant and, further, allows a judge to
orally authorize the law enforcement official to sign the
judge's name on the search warrant.  Alternatively, the warrant
and the judge's signature authorizing the warrant may be
transmitted by facsimile machine.  In all such cases -- where
the law enforcement official is not in the actual physical
presence of the judge -- the law enforcement official must
provide to the judge a transcription of the recorded
application, affidavit, and duplicate original search warrant
within 48 hours, along with the original recordings.