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RCr 13.10 Search warrant; who may issue

Baldwin's Kentucky Revised Statutes AnnotatedRules of Criminal Procedure

Baldwin's Kentucky Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
XIII Miscellaneous
Kentucky Rules of Criminal Procedure (RCr) Rule 13.10
RCr 13.10 Search warrant; who may issue
(1) Upon affidavit sufficient under Section 10 of the Kentucky Constitution and sworn, either in the presence of or through reliable electronic means, before an official authorized to administer oaths as provided in Rule 2.02 for the swearing of complaints, a search warrant may be issued by a judge, trial commissioner, or other official authorized by statute to issue search warrants.
(2) Where a reliable electronic means is being used in lieu of actual presence before an official authorized to administer oaths, the official administering the oath must be in oral communication with the person completing the affidavit, so that the official administering the oath may comply with the requirements for administering oaths. The official administering the oath shall certify on the affidavit or an accompanying document that the oath was taken while in oral communication, and shall state the name and title of the official administering the oath and the time the affidavit was sworn.
(3) A copy of the search warrant and supporting affidavit shall be retained by the judge or other official issuing the warrant and promptly filed with the clerk of the court to which the warrant is returnable.
(4) The officer authorized to execute a search warrant shall make return thereof to the appropriate court within a reasonable time of its execution. The return shall show the date and hour of service.

Credits

HISTORY: Amended by Order 2018-13, eff. 1-1-19. Prior amendments eff. 3-1-99 (Order 98-3); 9-1-81 (Order 81-5); adopted eff. 1-1-63
Rules Crim. Proc., Rule 13.10, KY ST RCRP Rule 13.10
Current with amendments received through September 1, 2022. Some sections may be more current, see credits for details.
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