Text: SSB02009 Text: SSB02011 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 808.3, Code 1997, 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. 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 givenbut shall include a1 22determination that the information appears credible either1 23because sworn testimony indicates that the informant has given1 24reliable information on previous occasions or because the1 25informant or the information provided by the informant appears1 26credible 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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