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Senate File 2259

Partial Bill History

Bill Introduced: S.J. 347
Committee Report Issued: S.J. 357 H.J. 822
Passed House: H.J. 1406
Passed Senate: S.J. 514
Signed by Governor: S.J. 1376
Complete Bill History

Bill Text

PAG LIN
  1  1                                             SENATE FILE 2259
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO SEARCH WARRANT APPLICATIONS.
  1  5 
  1  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1  7 
  1  8    Section 1.  Section 808.3, Code 1997, is amended to read as
  1  9 follows:
  1 10    808.3  APPLICATION FOR SEARCH WARRANT.
  1 11    A person may make application for the issuance of a search
  1 12 warrant by submitting before a magistrate a written
  1 13 application, supported by the person's oath or affirmation,
  1 14 which includes facts, information, and circumstances tending
  1 15 to establish sufficient grounds for granting the application,
  1 16 and probable cause for believing that the grounds exist.  The
  1 17 application shall describe the person, place, or thing to be
  1 18 searched and the property to be seized with sufficient
  1 19 specificity to enable an independent reasonable person with
  1 20 reasonable effort to ascertain and identify the person, place,
  1 21 or thing.  If the magistrate issues the search warrant, the
  1 22 magistrate shall endorse on the application the name and
  1 23 address of all persons upon whose sworn testimony the
  1 24 magistrate relied to issue the warrant together with the
  1 25 abstract of each witness' testimony, or the witness'
  1 26 affidavit.  However, if the grounds for issuance are supplied
  1 27 by an informant, the magistrate shall identify only the peace
  1 28 officer to whom the information was given but shall include a
  1 29 determination that the information appears credible either
  1 30 because sworn testimony indicates that the informant has given
  1 31 reliable information on previous occasions or because the
  1 32 informant or the information provided by the informant appears
  1 33 credible for reasons specified by the magistrate.  The
  1 34 application or sworn testimony supplied in support of the
  1 35 application must establish the credibility of the informant or
  2  1 the credibility of the information given by the informant.
  2  2 The magistrate may in the magistrate's discretion require that
  2  3 a witness upon whom the applicant relies for information
  2  4 appear personally and be examined concerning the information.  
  2  5 
  2  6 
  2  7                                                             
  2  8                               MARY E. KRAMER
  2  9                               President of the Senate
  2 10 
  2 11 
  2 12                                                             
  2 13                               RON J. CORBETT
  2 14                               Speaker of the House
  2 15 
  2 16    I hereby certify that this bill originated in the Senate and
  2 17 is known as Senate File 2259, Seventy-seventh General Assembly.
  2 18 
  2 19 
  2 20                                                             
  2 21                               MARY PAT GUNDERSON
  2 22                               Secretary of the Senate
  2 23 Approved                , 1998
  2 24 
  2 25 
  2 26                         
  2 27 TERRY E. BRANSTAD
  2 28 Governor

Text: SF02258                           Text: SF02260
Text: SF02200 - SF02299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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