HB 0669 | Law Enforcement Warrants and Arrests |
HCS/HB 669 - This act allows for a search warrant to be issued over the telephone, radio or by means of electronic communication. An officer seeking such a warrant must first receive authorization from the prosecuting attorney to place the attorney's signature on the warrant. The officer then contacts the judge and states, under oath, the reasons why a telephonic search warrant be issued. This statement shall be recorded, transcribed and filed with the court. A warrant issued in this manner allows an officer to conduct a search on short notice and during nighttime hours. The act includes a sample application that would be used for search warrant requests. This portion of the act is identical to SB 213.
The act also grants a federal law enforcement officer the
power to make an arrest involving a nonfederal crime if: 1) such
officer witnesses a suspect asserting physical force which is
likely to cause death or serious physical harm; 2) such officer
is rendering assistance to a peace officer from this state; or 3)
such officer is making an arrest as part of a task force or joint
investigation. This portion of the act is similar to a provision
contained in HS/HCS/HBs 69 & 179.
JAMES KLAHR