Oklahoma § 22-1225 - Requisites of search warrant - Issuing magistrate

§ 22-1225. Requisites of search warrant - Issuing magistrate

A. If a magistrate is satisfied of the existence of grounds of

the application, or that there is probable cause to believe their

existence, the magistrate shall issue a search warrant, signed by

the magistrate with the name of office, to a peace officer of this

state, commanding the officer to search the person or place named,

for the property or person specified, and to bring it before the

magistrate, and also to arrest the person in whose possession the

property may be found, to be dealt with according to law.

B. In addition to any other procedure authorized by law, a

proposed search warrant, affidavit or both search warrant and

affidavit may be communicated to the magistrate by telephone or by

electronic mail or any similar electronic communication which

delivers a complete printable image of the warrant or affidavit.

1. If the proposed search warrant is communicated

telephonically, the affiant shall:

a.

recite information establishing probable cause to

support issuance of the search warrant, and

b.

recite the proposed search warrant to the magistrate

verbatim and obtain the oral permission of the

magistrate to print the name of the magistrate on the

search warrant along with the date and time of the

signature.

The oral recorded authorization of the magistrate to print the

name of the magistrate on the search warrant shall constitute

issuance of the search warrant under this section. The conversation

establishing probable cause, reciting the contents of the search

warrant verbatim and any authorization to sign by the magistrate,

shall be audio-recorded, transcribed and filed together with the

warrant in accordance with Section 1223.1 of this title.

2. If communication of the proposed affidavit is made by

electronic mail or other electronic communication, the affidavit may

contain a notarized acknowledgement or the affiant may swear to the

affidavit by telephone. A magistrate administering an oath

telephonically shall endorse upon the face of the affidavit the date

and time which the affiant undertook the oath by telephone.

a.

A warrant may be issued by the magistrate pursuant to

this subsection by physically signing a printed copy

of the affidavit and proposed warrant and transmitting

such documents back to the affiant by electronic mail

or other electronic communication. The printed copy

received by the affiant shall constitute a search

warrant and be executed as such. After execution, the

search warrant shall be filed along with the printed

Oklahoma Statutes - Title 22. Criminal Procedure

copy of the affidavit received by the affiant, as

provided for in Section 1233 of this title.

b.

A magistrate may also issue a warrant pursuant to this

paragraph without printing and signing a physical copy

of the affidavit and warrant by return electronic

communication to the affiant authorizing issuance of

the warrant as submitted, or as modified by the

magistrate, provided a copy of the modified document

is included with the return electronic communication

to the affiant.

C. A search warrant authorized by this section may be issued by

any magistrate for a search of a person or property within the

judicial district in which the magistrate presides or outside the

judicial district if there was probable cause to believe the

property was within the judicial district when the warrant was

sought, but moved outside the judicial district before the warrant

was executed.

R.L. 1910, § 6063. Amended by Laws 1982, c. 224, § 2; Laws 1990, c.

290, § 1, eff. Sept. 1, 1990; Laws 2014, c. 75, § 2, eff. Nov. 1,

2014; Laws 2024, c. 39, § 3, eff. Nov. 1, 2024.