Text: SSB02009                          Text: SSB02011
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Senate Study Bill 2010

Bill Text

  1  1    Section 1.  Section 808.3, Code 1997, is amended to read as
  1  2 follows:
  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.  The
  1 10 application shall describe the person, place, or thing to be
  1 11 searched and the property to be seized with sufficient
  1 12 specificity to enable an independent reasonable person with
  1 13 reasonable effort to ascertain and identify the person, place,
  1 14 or thing.  If the magistrate issues the search warrant, the
  1 15 magistrate shall endorse on the application the name and
  1 16 address of all persons upon whose sworn testimony the
  1 17 magistrate relied to issue the warrant together with the
  1 18 abstract of each witness' testimony, or the witness'
  1 19 affidavit.  However, if the grounds for issuance are supplied
  1 20 by an informant, the magistrate shall identify only the peace
  1 21 officer to whom the information was given but shall include a
  1 22 determination that the information appears credible either
  1 23 because sworn testimony indicates that the informant has given
  1 24 reliable information on previous occasions or because the
  1 25 informant or the information provided by the informant appears
  1 26 credible for reasons specified by the magistrate.  The
  1 27 magistrate may in the magistrate's discretion require that a
  1 28 witness upon whom the applicant relies for information appear
  1 29 personally and be examined concerning the information.  
  1 30                           EXPLANATION
  1 31    This bill amends the provision relating to applications for
  1 32 a search warrant by striking language which requires a
  1 33 magistrate to make a determination of the credibility of
  1 34 information in a warrant application if the application is
  1 35 based on information from an informant.  The requirement that
  2  1 the magistrate identify in the warrant only the peace officer
  2  2 to whom the information was given is retained.  
  2  3 LSB 3169DP 77
  2  4 lh/jw/5

Text: SSB02009                          Text: SSB02011
Text: SSB02000 - SSB02099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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