Senate File 358 - Introduced SENATE FILE 358 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1091) A BILL FOR An Act relating to search warrants, by allowing an application 1 for and the issuance of a search warrant by electronic 2 means, and allowing for the written inventory of any 3 property seized to be filed with the clerk of the district 4 court. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1658SV (1) 87 jm/rh/rj

S.F. 358 Section 1. Section 602.1614, subsection 3, Code 2017, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . 0m. Establishing processes and procedures 3 for an application and for the issuance of a search warrant 4 under chapter 808 by electronic means. 5 Sec. 2. Section 808.1, subsection 2, Code 2017, is amended 6 to read as follows: 7 2. “Affidavit” means a written declaration or statement 8 of fact made under oath, or legally sufficient affirmation, 9 submitted in person or by electronic submission before any 10 person authorized to administer oaths within or without the 11 state. 12 Sec. 3. Section 808.1, Code 2017, is amended by adding the 13 following new subsections: 14 NEW SUBSECTION . 3. “Electronic” or “electronically” means 15 relating to technology having electrical, digital, magnetic, 16 telephonic, wireless, optical, electromagnetic, or similar 17 capabilities. For governmental agencies, this may include 18 alternate software to exchange electronic records with the 19 court’s electronic document management system. 20 NEW SUBSECTION . 4. “Electronic submission” means the 21 process by which a person may electronically submit an 22 application for a search warrant and any supporting documents 23 to the court for review or other court action. An application 24 for a search warrant and any supporting documents submitted 25 by electronic submission to the court through the electronic 26 document management system shall not be considered to be filed 27 with the court. 28 Sec. 4. Section 808.3, Code 2017, is amended to read as 29 follows: 30 808.3 Application for search warrant. 31 1. a. A person may make application for the issuance of 32 a search warrant by submitting before a magistrate a written 33 application, supported by the person’s oath or affirmation, 34 which includes facts, information, and circumstances tending 35 -1- LSB 1658SV (1) 87 jm/rh/rj 1/ 5

S.F. 358 to establish sufficient grounds for granting the application, 1 and probable cause for believing that the grounds exist. The 2 application shall describe the person, place, or thing to 3 be searched and the property to be seized with sufficient 4 specificity to enable an independent reasonable person with 5 reasonable effort to ascertain and identify the person, place, 6 or thing. 7 b. The search warrant application and any supporting 8 documents may be submitted to the magistrate in person or 9 by electronic submission. If a search warrant is submitted 10 by electronic submission, the magistrate may use electronic 11 means to contact the person submitting the application and 12 supporting documents to confirm the identity of the person, and 13 may administer the person’s oath or affirmation and accept the 14 person’s sworn testimony by electronic means. 15 2. If the magistrate issues the search warrant, the 16 magistrate shall endorse on the application the name and 17 address of all persons upon whose sworn testimony the 18 magistrate relied to issue the warrant together with the 19 abstract of each witness’ testimony, or the witness’ affidavit. 20 However, if the grounds for issuance are supplied by an 21 informant, the magistrate shall identify only the peace officer 22 to whom the information was given. The application or sworn 23 testimony supplied in support of the application must establish 24 the credibility of the informant or the credibility of the 25 information given by the informant. The magistrate may in 26 the magistrate’s discretion require that a witness upon whom 27 the applicant relies for information appear personally and be 28 examined concerning the information. 29 Sec. 5. Section 808.4, Code 2017, is amended to read as 30 follows: 31 808.4 Issuance. 32 Upon a finding of probable cause for grounds to issue a 33 search warrant, the magistrate shall issue a warrant, signed by 34 the magistrate with the magistrate’s name of office, directed 35 -2- LSB 1658SV (1) 87 jm/rh/rj 2/ 5

S.F. 358 to any peace officer, commanding that peace officer forthwith 1 to search the named person, place, or thing within the state 2 for the property specified, and to bring any property seized 3 before file with the magistrate or clerk of the district court, 4 a written inventory itemizing all seized property . The warrant 5 may be issued electronically and if so, the peace officer shall 6 cause a printed copy of the warrant to be made for service of 7 process. 8 Sec. 6. Section 808.4A, subsection 2, Code 2017, is amended 9 to read as follows: 10 2. a. The application shall describe the person, place, 11 or thing to be tracked or monitored by a global positioning 12 device, or the removal of such a device from a person, place, 13 or thing with sufficient specificity to enable an independent 14 reasonable person with reasonable effort to ascertain and 15 identify the person, place, or thing. If the magistrate 16 issues the search warrant, the magistrate shall endorse on the 17 application the name and address of all persons upon whose 18 sworn testimony the magistrate relied to issue the warrant 19 together with the abstract of each witness’ testimony, or the 20 witness’ affidavit. However, if the grounds for issuance are 21 supplied by an informant, the magistrate shall identify only 22 the peace officer to whom the information was given. The 23 application or sworn testimony supplied in support of the 24 application must establish the credibility of the informant 25 or the credibility of the information given by the informant. 26 The magistrate may in the magistrate’s discretion require that 27 a witness upon whom the applicant relies for the information 28 appear personally and be examined concerning the information. 29 b. The search warrant application and any supporting 30 documents may be submitted to the magistrate in person or 31 by electronic submission. If a search warrant is submitted 32 by electronic submission, the magistrate may use electronic 33 means to contact the person submitting the application and 34 supporting documents to confirm the identity of the person, and 35 -3- LSB 1658SV (1) 87 jm/rh/rj 3/ 5

S.F. 358 may administer the person’s oath or affirmation and accept the 1 person’s sworn testimony by electronic means. 2 Sec. 7. Section 808.8, subsection 2, Code 2017, is amended 3 to read as follows: 4 2. The officer must file, with the officer’s return, a 5 complete inventory of the property taken with the magistrate 6 or clerk of the district court , and state under oath that 7 it is accurate to the best of the officer’s knowledge. The 8 magistrate or clerk of the district court must, if requested, 9 deliver a copy of the inventory of seized property to the 10 person from whose possession it was taken and to the applicant 11 for the warrant. 12 Sec. 8. Section 808.11, Code 2017, is amended to read as 13 follows: 14 808.11 Transmission of papers documents to district court 15 clerk. 16 The magistrate who has issued a search warrant shall 17 attach to the warrant a copy of the return, inventory , if the 18 inventory has not already been filed with the clerk of the 19 district court, and all other papers documents in connection 20 therewith and shall file them with the clerk of the district 21 court for the county in which the property was seized. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to search warrants, by allowing an 26 application for and the issuance of a search warrant by 27 electronic means, and allowing for the written inventory of 28 any property seized to be filed with the clerk of the district 29 court. 30 The bill permits the judicial branch to establish processes 31 and procedures that allow for the electronic submission of an 32 application for and the issuance of a search warrant under 33 Code sections 808.3 (application for a search warrant), 808.4 34 (issuance of a search warrant), and 808.4A (application and 35 -4- LSB 1658SV (1) 87 jm/rh/rj 4/ 5

S.F. 358 issuance of search warrant —— global positioning device). 1 The bill defines “electronic submission” to mean the process 2 by which a person may electronically submit an application for 3 a search warrant and any supporting documents to the court 4 for review or other court action. The bill further specifies 5 that a search warrant application and any supporting documents 6 submitted by electronic submission to the court through the 7 electronic document management system shall not be considered 8 to be filed with the court. 9 The bill specifies that the written inventory of any 10 property seized after execution of the search warrant may be 11 filed with the clerk of the district court or the magistrate. 12 Current law specifies the inventory be filed with the 13 magistrate. 14 -5- LSB 1658SV (1) 87 jm/rh/rj 5/ 5