Effective:[See Text Amendments]

West's Louisiana Statutes Annotated CurrentnessLouisiana Code of Criminal Procedure (Refs & Annos)

Title IV. Search Warrants (Refs & Annos)Art. 162.1. Warrant issued upon oral testimony

A. In addition to the provisions of Article 162, a search warrant may issue only upon probable cause establishedto the satisfaction of the judge by the sworn oral testimony of a credible person reciting facts establishing thecause for issuance of the warrant.

B. The sworn oral testimony may be communicated to the judge, and the oath may be administered by the judge,by telephone, radio, or such other electronic method of communication deemed appropriate by the judge. If thejudge determines that the warrant should issue, he shall order the applicant to affix a facsimile of his signature tothe warrant which the applicant has prepared and to note thereon the date and time of the determination. Thesworn oral testimony, the contents of the warrant issued, the order to affix the signature facsimile, and the dateand time of the determination shall be electronically recorded by the judge, who shall cause the recording to betranscribed and fixed in the record within seven days. The judge shall certify the accuracy of the transcription.

C. A search warrant shall particularly describe the person or place to be searched, the persons or things to beseized, and the lawful purpose or reason for the search or seizure.

D. The testimony may also be communicated to the judge by facsimile transmission signed by the applicant,after the administration of the oath by the judge by telephone, radio, or such other electronic method ofcommunication deemed appropriate by the judge. The judge shall certify on the facsimile transmission the dateand time of the administration of the oath. If the judge determines that the warrant should issue, he shall affixhis signature to the warrant which the applicant has prepared and forwarded to him by facsimile transmission.The judge shall transmit to the applicant, by facsimile transmission, the warrant which he has executed togetherwith the written testimony and certification of oath. The original application for the warrant with the applicant'ssignature and the facsimile copy with the original signature of the judge shall be preserved in the same manneras an original warrant signed by both the applicant and the judge.

CREDIT(S)

Added by Acts 1991, No. 84, § 1. Amended by Acts 1999, No. 895, § 1.

Current through the 2013 Regular Session.

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