Text: SSB02149 Text: SSB02151 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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 Sec. 2. NEW SECTION. 808.3A EXCEPTION TO EXCLUSIONARY 2 2 RULE. 2 3 Notwithstanding section 808.3, property seized pursuant to 2 4 a search warrant issued without probable cause will not be 2 5 suppressed absent a showing that any of the following 2 6 conditions existed: 2 7 1. The judge or magistrate issuing the warrant was 2 8 deliberately misled by false information. 2 9 2. The judge or magistrate issuing the warrant wholly 2 10 abandoned the judge's or magistrate's neutral and detached 2 11 role regarding the issuance of the warrant. 2 12 3. The warrant was so lacking in specificity that the 2 13 officer executing the warrant could not determine the place to 2 14 be searched or the property to be seized. 2 15 4. So little indicia of probable cause was contained in 2 16 the affidavit, witness statements, or the warrant that it was 2 17 entirely unreasonable for an officer to believe the warrant 2 18 was valid. 2 19 EXPLANATION 2 20 This bill provides that search warrants may be issued based 2 21 upon specific events which will occur after the warrant is 2 22 issued but before the warrant is executed. A warrant which is 2 23 issued based upon the occurrence of future events is not valid 2 24 if the specified future events do not occur prior to the 2 25 warrant being executed. 2 26 The bill also provides that property seized pursuant to a 2 27 warrant lacking probable cause will not be suppressed at trial 2 28 under a so-called "good faith" exception. Property seized 2 29 under a warrant lacking probable cause will be suppressed if 2 30 it is shown that the judge or magistrate issuing the warrant 2 31 was deliberately misled by false information, the judge or 2 32 magistrate abandoned the neutrality required of the judge or 2 33 magistrate, the warrant was lacking the necessary specificity, 2 34 or the warrant was so lacking in probable cause that it was 2 35 unreasonable for the officer executing the warrant to believe 3 1 it was valid. 3 2 LSB 3713XL 76 3 3 mk/sc/14
Text: SSB02149 Text: SSB02151 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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