RULE 4-601. SEARCH WARRANTS
West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2022
Effective: April 1, 2022
MD Rules, Rule 4-601
RULE 4-601. SEARCH WARRANTS
(1) Method of Submission. An applicant may submit an application for a search warrant by (A) delivery of three copies of (i) the application, (ii) a supporting affidavit, and (iii) a proposed search warrant in person or by secure facsimile; or (B) transmission of those documents to the judge by secure and reliable electronic mail that permits the judge to print the complete text of the documents. If the documents are transmitted electronically the proposed warrant shall be sent in an electronic text format specified by the State Court Administrator, and the judge shall print and retain a copy of the documents.
Cross reference: See Code, Criminal Procedure Article, § 1-203(a)(2)(vi) regarding requirements for no-knock search warrants.
Committee note: A discussion between the applicant and the judge may be explanatory in nature but may not be for the purpose of adding or changing any statement in the affidavit that is material to the determination of probable cause. Probable cause must be determined from the four corners of the affidavit. See Abeokuto v. State, 391 Md. 289, 338 (2006); Valdez v. State, 300 Md. 160, 168 (1984) (The four-corners rule “prevents consideration of evidence that seeks to supplement or controvert the truth of grounds stated in the affidavit.”).
(c) Issuance of Search Warrant. The judge may issue a search warrant by (1) signing the warrant and recording on it the date and time of issuance, and (2) delivering the signed and dated warrant, along with a copy of the application and affidavit, to the applicant in person, by secure facsimile, or by transmission of those documents by secure and reliable electronic mail that permits the applicant to print the complete text of the documents.
(2) A judge who issues a search warrant shall retain a copy of the application, affidavit, and warrant until the warrant is returned, executed or unexecuted, pursuant to section (g) or (h) of this Rule. Upon return of an executed warrant, the judge shall comply with section (g). If the signed and dated warrant was transmitted to the applicant by electronic mail, the printed copy retained by the judge, upon its filing pursuant to section (g), shall be the original. A warrant, application, or affidavit shall not be filed with the clerk prior to its return to the judge pursuant to section (g) or (h).
(2) At the time the warrant is executed, the officer executing the warrant shall leave with the person from whom the property was taken or, if that person is not present, an authorized occupant of the premises from which the property was taken (A) a copy of the search warrant and application, (B) a copy of the supporting affidavit, except an affidavit that has been sealed pursuant to section (d) of this Rule, and (C) a copy of the inventory.
(3) Subject to subsections (e)(2) and (e)(4) of this Rule, if the person from whom the property was taken and an authorized occupant of the premises from which the property was taken are not present at the time the search warrant is executed, the copies shall be left in a conspicuous place at the premises from which the property was taken.
(4) If a copy of the supporting affidavit was not left because it was under seal, a copy shall be delivered to the person from whom the property was taken or, if that person is not present, to an authorized occupant of the premises from which the property was taken within 15 days after the affidavit is unsealed.
(2) The officer shall deliver the return to the judge who issued the warrant or, if that judge is not immediately available, to another judge of the same circuit, if the warrant was issued by a circuit court judge, or of the same district, if the warrant was issued by a District Court judge, as promptly as possible and, in any event, (A) within ten days after the warrant was executed, or (B) within any earlier time set forth in the warrant. The return shall be accompanied by the executed warrant and the verified inventory.
(g) Executed Warrant--Filing With Clerk. The judge to whom an executed search warrant is returned shall attach to the warrant the return, the verified inventory, and all other papers in connection with the issuance, execution, and return, including the copies retained by the issuing judge, and shall file them with the clerk of the court for the county from which the warrant was issued. The papers filed with the clerk shall be sealed and shall be opened for inspection only upon order of the court. The clerk shall maintain a confidential index of the search warrants.
Cross reference: See Code, Criminal Procedure Article, § 1-203(a)(5).
(3) Except for papers then under seal or subject to a protective order, upon an application filed under subsection (i)(1) of this Rule, the court shall order that the warrant, inventory, and other related papers filed with the clerk be made available to the person or that person's attorney for inspection and copying.
Credits
[Adopted April 6, 1984, eff. July 1, 1984. Amended June 28, 1988, eff. July 1, 1988; June 28, 1989, eff. July 1, 1989; Dec. 15, 1993, eff. July 1, 1994; Jan. 8, 2002, eff. Feb. 1, 2002; March 2, 2015, eff. July 1, 2015; Dec. 13, 2016, eff. Apr. 1, 2017; Feb. 9, 2022, eff. April 1, 2022.]
MD Rules, Rule 4-601, MD R CR Rule 4-601
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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