Section 12.35.015. Issuance of search warrant upon testimony communicated by telephone or other means.

   (a) A judicial officer may issue a search warrant upon the sworn oral testimony of a person communicated by telephone or other appropriate means, or sworn affidavit transmitted by facsimile machine.
   (b) A judicial officer shall place under oath each person whose oral testimony forms a basis of the application and each person applying for the search warrant. The judicial officer shall record the proceeding by using a voice recording device.
   (c) If a facsimile search warrant cannot be transmitted to the applicant under (g) of this section, the applicant shall prepare a document to be known as a duplicate original warrant and shall read it verbatim to the judicial officer. The judicial officer shall enter, verbatim, on an original search warrant what is read to the judicial officer. The judicial officer may direct that the duplicate original search warrant be modified.
   (d) Except as provided in (g) of this section, if a search warrant is issued under this section, the judicial officer shall orally authorize the applicant to sign the judicial officer's name on the duplicate original search warrant. The judicial officer shall immediately sign the original search warrant and enter on the face of the original search warrant the exact time when the search warrant was ordered to be issued.
   (e) The person who executes a search warrant issued under this section shall enter the exact time of execution on the face of the facsimile search warrant issued under (g) of this section or the duplicate original search warrant.
   (f)  [Repealed, Sec. 39 ch 75 SLA 2008].  
   (g) A search warrant issued by a judicial officer may be transmitted by facsimile machine to the applicant. The facsimile search warrant shall serve as an original.

Authorities

12.35.010;12.35.120

Notes

References

AS 12.35.010 Issuance of search warrant; extraterritorial jurisdiction.
AS 12.35.120 Definition of search warrant.

History

(Sec. 18 ch 143 SLA 1982; am Sec. 2 - 7 ch 60 SLA 1991; am Sec. 1 ch 42 SLA 2003; am Sec. 18, 39 ch 75 SLA 2008)