HB 1315 -- Adverse Result Search Warrants

Sponsor:  Lipke

This bill changes the laws regarding search warrants.  In its
main provisions, the bill:

(1)  Establishes procedures for search warrants where
notification of the existence of the search warrant causes an
adverse result including danger to the life or physical safety of
an individual, flight from prosecution, the destruction or
tampering with evidence, the intimidation of witnesses, or
serious jeopardy to an investigation;

(2)  Specifies that records sought under the search warrant be
produced within five business days of receipt;

(3)  Requires a showing of good cause by a foreign corporation
that an extension of time will not cause an adverse result;

(4)  Specifies that any attempt made to quash the warrant must be
made in the court that issues the warrant within the time
required for production of records;

(5)  Requires Missouri corporations providing electronic
communication services, when served with a warrant from another
state, to produce records pertaining to customer identification,
data stored by or on behalf of the customer, the customer's usage
of those services, or the destination or content of the
communications as if the warrant had been issued by a Missouri
court; and

(6)  Gives immunity to Missouri corporations providing records
sought under a search warrant as specified in the bill.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:42 am