RULE 2.3
                     SEARCH AND SEIZURE

    (a) Authority To Issue Warrant. A search warrant authorized by this
rule may be issued by the court upon request of a peace officer or the
prosecuting authority.
    (b) Property or Persons Which May Be Seized With a Warrant. A warrant
may be issued under this rule to search for and seize any (1) evidence of a
crime; or (2) contraband, the fruits of crime, or things otherwise
criminally possessed; or (3) weapons or other things by means of which a
crime has been committed or reasonably appears about to be committed; or
(4) person for whose arrest there is probable cause, or who is unlawfully
restrained.
    (c) Issuance and Contents. A search warrant may be issued only if the
court determines there is probable cause for the issuance of a warrant.
There must be an affidavit, a document as provided in RCW 9A.72.085 or any
law amendatory thereto, or sworn testimony establishing the grounds for
issuing the warrant. The sworn testimony may be an electronically recorded
telephonic statement. The sworn testimony must be in writing, recorded
electronically, or otherwise preserved. The record shall include any
additional evidence relied upon by the court. The recording, or a
duplication of the recording, shall be a part of the court record and shall
be provided if requested by a party or if ordered by the court, subject to
the provisions of rule 8.10. The evidence in support of the finding of
probable cause shall be preserved and shall be subject to constitutional
limitations for such determinations and may be hearsay in whole or in part.
If the court finds that probable cause for the issuance of a warrant
exists, it shall issue a warrant or direct an individual whom it authorizes
for such purposes to affix the court's signature to a warrant. The warrant
may be directed to any peace officer. The warrant shall command the officer
to search, within a specified period of time not to exceed 10 days, the
person, place or thing named for the property or person specified. It shall
designate the court to which it shall be returned. It shall be returned to
the issuing court, and filed in the public files of the court unless
ordered sealed by the court. Unless otherwise designated by the issuing
court, the warrant may be served at any time of day or night.
     (d) Execution and Return With Inventory.  The peace
officer taking property under the warrant shall give to the
person from whom or from whose premises the property is
taken a copy of the warrant and a receipt for the property
taken.  If no such person is present, the officer may post a
copy of the search warrant and receipt.  The return shall be
made promptly and shall be accompanied by a written
inventory of any property taken.  The inventory shall be
made in the presence of the person from whose possession or
premises the property is taken, or in the presence of at
least one person other than the officer.  The court shall
upon request deliver a copy of the inventory to the person
from whom or from whose premises the property was taken and
to the applicant for the warrant.
    (e) Motion for Return of Property. A person may move the issuing court
for the return of the property seized under the warrant on the ground that
the property was illegally seized, or does not appear relevant or
reasonably calculated to lead to the discovery of relevant evidence, and
that the person is lawfully entitled to possession of the property. The
motion shall be filed in the court which issued the warrant and a copy
served upon the chief executive of the law enforcement agency that obtained
the warrant. Proof of service shall be filed with the court. The
prosecuting authority's assertion that property lawfully seized is relevant
or reasonably calculated to lead to the discovery of relevant evidence
shall be binding on the court.
    (1) Procedure if Charges Pending. If a motion based on the ground that
property was illegally seized is made or comes on for hearing after a
complaint or citation and notice is filed in the court in which the motion
is pending, it shall be treated as a motion to suppress. If charges are
pending in another court at the time a motion made upon any ground is filed
or comes on for hearing, the motion shall be transferred to the other court
and subject to its rules of procedure.
    (2) Procedure if No Charges Pending. If no charges are pending in any
court at the time the motion is made, the issuing court shall set the
motion for hearing not less than 30 days from the date of the filing or
service of the motion, whichever is later.
    (3) Procedure if Motion Granted. If the motion is granted, the property
shall be returned unless the prosecuting authority seeks review within 14
days.
    (f) Searches of Media.
    (1) Scope. If an application for a search warrant is governed by RCW
10.79.015(3) or 42 U.S.C. subsection 2000aa et seq., this section controls
the procedure for obtaining the evidence.
    (2) Subpoena Duces Tecum. Except as provided in subsection (3), if the
court determines that the application satisfies the requirements for
issuance of a warrant, as provided in section (c) of this rule, the court
shall issue a subpoena duces tecum in accordance with CRLJ 45(b).
    (3) Warrant. If the court determines that the application satisfies the
requirements for issuance of a warrant and that RCW 10.79.015(3) and 42
U.S.C. subsection 2000aa et seq. permit issuance of a search warrant rather
than a subpoena duces tecum, the court may issue a warrant.
    (g) Motion for Suppression. Absent prejudice to the defendant,
procedural noncompliance with rules of execution and return does not compel
invalidation of a warrant or suppression of its fruits.