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Rule 10.05 Search warrant procedure

Baldwin's Kentucky Revised Statutes Annotated23rd Judicial District - Estill, Lee and Owsley District Court

Baldwin's Kentucky Revised Statutes Annotated
23rd Judicial District - Estill, Lee and Owsley District Court
Rule 10. Traffic/Criminal Practice
KY ELOD Rule 10.05
Rule 10.05 Search warrant procedure
A. Copies of all search warrants and supporting affidavits shall be filed in the Clerk's office pursuant to RCr 13.10. An executed copy shall be filed by the executing officer in the Clerk's office within twenty-four (24) hours of execution. If an arrest results from the warrants execution, the above papers shall be placed in the case jacket of the defendant.
B. Supporting affidavits may be notarized by any person authorized to notarize criminal complaints within the 23rd Judicial District. Search Warrants may only be signed by a Judge, Authorized Commissioner, or Circuit Clerk after having been notarized by the authorized notary.
C. Search warrants may be presented to the District Judge or Trial Commissioners for his/her signature by facsimile.
D. Search Warrants presented to the District Court shall be first submitted to the District Judge. If the District Judge cannot be found then the Circuit Judge should be contacted and his/her search warrant protocol should be followed. If the District Judge and the Circuit Judge are out of the district or cannot be found, then in that event, law enforcement may contact a Trial Commissioner. If the Judges and Trial Commissioners cannot be found then in that event the search warrant may be presented to the Circuit Clerk for the county where the warrant is to be executed, according to procedures established by the Kentucky Revised Statutes.
E. A search warrant will only be granted to a Law Enforcement official with arrest powers.

Credits

HISTORY: Adopted effective August 20, 2012.
Estill, Lee and Owsley District Court Rule 10.05, KY R ESTILL LEE OWSLEY DIST CT Rule 10.05
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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