Senate
Study
Bill
1091
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
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:
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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
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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
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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
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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
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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.
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