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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 35. Search and Seizure
- Section 15. Issuance of Search Warrant Upon Testimony Communicated By Telephone or Other Means.
previous: Section 10
. Issuance of Search Warrant.
next: Section 20
. Grounds For Issuance.
AS 12.35.015. Issuance of Search Warrant Upon Testimony Communicated By Telephone or Other Means.
- (a) A judicial officer may issue a search warrant upon the sworn oral testimony of a person communicated by telephone or
other appropriate means, or sworn affidavit transmitted by facsimile machine, if the judicial officer finds that there
is probable cause to believe that
- (1) the presentation of the applicant's affidavit or testimony personally before the judicial officer would result in a
delay in obtaining or executing a search warrant; and
- (2) the delay might result in loss or destruction of the evidence subject to seizure or might interfere with an ongoing
- (b) A judicial officer shall place under oath each person whose oral testimony forms a basis of the application and each
person applying for the search warrant. The judicial officer shall record the proceeding by using a voice recording
- (c) If a facsimile search warrant cannot be transmitted to the applicant under (g) of this section, the applicant shall
prepare a document to be known as a duplicate original warrant and shall read it verbatim to the judicial officer. The
judicial officer shall enter, verbatim, on an original search warrant what is read to the judicial officer. The
judicial officer may direct that the duplicate original search warrant be modified.
- (d) Except as provided in (g) of this section, if a search warrant is issued under this section, the judicial officer
shall orally authorize the applicant to sign the judicial officer's name on the duplicate original search warrant. The
judicial officer shall immediately sign the original search warrant and enter on the face of the original search
warrant the exact time when the search warrant was ordered to be issued.
- (e) The person who executes a search warrant issued under this section shall enter the exact time of execution on the face
of the facsimile search warrant issued under (g) of this section or the duplicate original search warrant.
- (f) Absent a finding of bad faith, evidence obtained under a warrant issued under this section is not subject to a motion
to suppress on the ground that the circumstances did not support its issuance under (a) of this section.
- (g) A search warrant issued by a judicial officer may be transmitted by facsimile machine to the applicant. The facsimile
search warrant shall serve as an original.
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