Proposed Rules Archives

• Proposed Changes to CrR 2.3 - Search and Seizure (in Word Format)
• Comments Received for CrR 2.3 - Search and Seizure

Purpose: Search warrants are often requested outside the court’s regular business hours. Technology has now advanced to the point that sworn testimony establishing the grounds for issuing a search warrant may be readily and reliably transmitted by facsimile machine or electronic mail. Authorizing transmissions by fax or e-mail removes the necessity for law enforcement personnel to travel to the home of a judge, which is especially significant where adverse conditions and distance are factors. Implementing the proposed changes could also allow courts to more efficiently handle increased requests for search warrants in automobile cases that may arise following recent court decisions.

It is submitted that CrR 2.3 should be amended to allow transmission of documents establishing the grounds for issuing search warrants to the court by fax or e-mail. The rule should also provide that the court’s authorization for search warrants may be sent by e-mail and should clarify that a record must be made of submitted evidence upon which the court relies.

At this time, there is no request to amend the comparable rule for courts of limited jurisdiction.