Electronically Issued Warrants Act Exposed

The Electronically Issued Warrants Act is listed under ALEC's Public Safety and Elections Task Force and was included in the 1995 ALEC Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

This Act would allow arrest warrants and search warrants to be issued through electronic or electromagnetic means of communication such as facsimile machines. To ensure constitutionality and authenticity, the Act would also establish the requirements for issuing such warrants

Model Legislation

{Title, enacting clause, etc.}

Section 1. {Title.}

This Act may be cited as the Electronically Issued Warrants Act.

Section 2. {Arrest warrant.}

(A) For the apprehension of persons charged with a felony, misdemeanor, or ordinance violation, a magistrate may issue procedures to implement this Act, except that a magistrate shall not issue a warrant for other than a minor offense unless an authorization is signed by the prosecuting attorney, or unless security for costs is filed with the magistrate.

(B) A magistrate shall not issue a warrant for a minor offense unless an authorization in writing allowing the issuance of the warrant is filed with the magistrate and signed by the prosecuting attorney, or unless security for costs is filed with the magistrate, except if the warrant is requested by any of the following:

(1) the director of the department of natural resources, or a special assistant or conservation officer appointed by the director and declared by statute to be a peace officer, for a violation of a law that provides for the protection of wild game and foul;

(2) agents of the state transportation department, a county road commission, or the public service commission for violations of [insert motor vehicle acts], the enforcement of which has been delegated to them.

(C) A complaint for an arrest warrant may be made by any electronic or electromagnetic means of communication if all of the following occur:

(1) The prosecuting attorney authorizes the issuance of the warrant. Authorization may consist of an electronically or electromagnetically transmitted facsimile of the signed authorization.

(2) The judge orally administers the oath or affirmation to an applicant for an arrest warrant who submits a complaint under this subsection.

(3) The applicant signs the complaint. Proof that the applicant has signed the complaint may consist of an electronically or electromagnetically transmitted facsimile of the signed complaint.

(D) The person or department receiving an electronically or electromagnetically issued arrest warrant shall receive proof that the issuing judge has signed the warrant before the warrant is executed. Proof that the issuing judge has signed the warrant may consist of an electronically or electromagnetically transmitted facsimile of the signed warrant.

(E) The state court administrator shall establish paper quality and durability standards for warrants issued under this section.

Section 3. {Search warrant.}

(A) When an affidavit is made on oath to a magistrate authorized to issue warrants in criminal cases, and the affidavit establishes grounds for issuing a warrant pursuant to this Act, the magistrate, if he or she is satisfied that there is probable cause for the search, shall issue a warrant to search the house, building, or other location or place where the property or thing to be searched for and seized is situated.

(B) An affidavit for a search warrant may be made by any electronic or electromagnetic means of communication if both of the following occur:

(1) The judge or district court magistrate orally administers the oath or affirmation to an applicant for a search warrant who submits an affidavit under this subsection.

(2) The affiant signs the affidavit. Proof that the affiant has signed the affidavit may consist of an electronically or electromagnetically transmitted facsimile of the signed affidavit.

(C) A judge may issue a written search warrant in person or by any electronic or electromagnetic means of communication. If the court order required is issued, pursuant to the [insert state legal code], as a search warrant, the search warrant may be issued in person or by any electronic or electromagnetic means of communication by a judge or by a district court magistrate.

(D) The peace officer or department receiving an electronically or electromagnetically issued search warrant shall receive proof that the issuing judge or district court magistrate has signed the warrant before the warrant is executed. Proof that the issuing judge or district court magistrate has signed the warrant may consist of an electronically or electromagnetically transmitted facsimile of the signed warrant.

(E) The state court administrator shall establish paper quality and durability standards for warrants issued under this section.

(F) If an oath or affirmation is orally administered by electronic or electromagnetic means of communication, or a search warrant under this section, the oath or affirmation is considered to be administered before the judge or district court magistrate.

(G) If an affidavit for a search warrant is submitted by electronic or electromagnetic means of communication, or a search warrant is issued by electronic or electromagnetic means of communication, the transmitted copy of the affidavit or search warrant is a duplicate original of the affidavit or search warrant and is not required to contain the impression made by an impression seal.

Section 4. {Severability clause.}

Section 5. {Repealer clause.}

Section 6. {Effective date.}

ALEC's Sourcebook of American State Legislation 1995