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COMMONWEALTH OF PENNSYLVANIA

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234 Pa. Code Rule 200. Who May Issue.

PART A. Search Warrant


Rule 200. Who May Issue.

 A search warrant may be issued by any issuing authority within the judicial district wherein is located either the person or place to be searched.

Comment

   This rule formally authorizes magisterial district judges, Philadelphia bail commissioners, and judges of the Municipal, Common Pleas, Commonwealth, Superior, and Supreme Courts to issue search warrants. This is not a departure from existing practice. See, e.g., Sections 1123(a)(5) and 1515(a)(4) of the Judicial Code, 42 Pa.C.S. § §  1123(a)(5), 1515(a)(4). See also the Rules of Juvenile Court Procedure, Rule 105 (Search Warrants). Any judicial officer who is authorized to issue a search warrant and who issues a warrant is considered an ‘‘issuing authority’’ for purposes of this rule. The authority of a magisterial district judge to issue a search warrant outside of the magisterial district but within the judicial district is recognized in Commonwealth v. Ryan, 400 A.2d 1264 (Pa. 1979).

   Only common pleas court judges and appellate court justices and judges may issue search warrants when the supporting affidavit(s) is to be sealed under Rule 211.

   This rule is not intended to affect the traditional power of appellate court judges and justices to issue search warrants anywhere within the state.

   Official Note

   Prior Rules 2000 and 2001 were suspended by former Rule 323, effective February 3, 1969. Present Rule 2001 adopted March 28, 1973, effective 60 days hence; amended July 1, 1980, effective August 1, 1980; Comment revised September 3, 1993, effective January 1, 1994; renumbered Rule 200 and Comment revised March 1, 2000, effective April 1, 2001; Comment revised April 1, 2005, effective October 1, 2005.

   Committee Explanatory Reports:

   Report explaining the September 3, 1993 Comment revisions published at 21 Pa.B. 3681 (August 17, 1991).

   Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000).

   Final Report explaining the April 1, 2005 Comment revision concerning Rule of Juvenile Court Procedure published with the Court’s Order at 35 Pa.B. 2213 (April 16, 2005).

Source

   The provisions of this Rule 200 amended April 1, 2005, effective October 1, 2005, 35 Pa.B. 2210. Immediately preceding text appears at serial page (264142).



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