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Text: SF02382                           Text: SF02384
Text: SF02300 - SF02399                 Text: SF Index
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Senate File 2383

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Bill Text

PAG LIN
  1  1    Section 1.  Section 808.3, Code 1995, is amended to read as
  1  2 follows:
  1  3    808.3  APPLICATION FOR SEARCH WARRANT.
  1  4    A person may make application for the issuance of a search
  1  5 warrant by submitting before a magistrate a written
  1  6 application, supported by the person's oath or affirmation,
  1  7 which includes facts, information, and circumstances tending
  1  8 to establish sufficient grounds for granting the application,
  1  9 and probable cause for believing that the grounds exist or
  1 10 will exist at the time the warrant is executed.  If issuance
  1 11 is predicated on grounds that will exist at the time the
  1 12 warrant is executed, the validity of the warrant shall be
  1 13 conditioned on the occurrence, prior to execution of the
  1 14 warrant, of all future events alleged as the basis for
  1 15 issuance of the warrant.  The application shall describe the
  1 16 person, place, or thing to be searched and the property to be
  1 17 seized with sufficient specificity to enable an independent
  1 18 reasonable person with reasonable effort to ascertain and
  1 19 identify the person, place, or thing.  If the magistrate
  1 20 issues the search warrant, the magistrate shall endorse on the
  1 21 application the name and address of all persons upon whose
  1 22 sworn testimony the magistrate relied to issue the warrant
  1 23 together with the abstract of each witness' testimony, or the
  1 24 witness' affidavit.  However, if the grounds for issuance are
  1 25 supplied by an informant, the magistrate shall identify only
  1 26 the peace officer to whom the information was given but shall
  1 27 include a determination that the information appears credible
  1 28 either because sworn testimony indicates that the informant
  1 29 has given reliable information on previous occasions or
  1 30 because the informant or the information provided by the
  1 31 informant appears credible for reasons specified by the
  1 32 magistrate.  The magistrate may in the magistrate's discretion
  1 33 require that a witness upon whom the applicant relies for
  1 34 information appear personally and be examined concerning the
  1 35 information.  
  2  1 SF 2383
  2  2 mk/cc/26
     
Text: SF02382                           Text: SF02384
Text: SF02300 - SF02399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index
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