Rule 2.3. Search and Seizure

CrR 2.3

SEARCH AND SEIZURE

(a) Authority to Issue Warrant. A search warrant authorized by this rule may be issued

by the court upon request of a peace officer or a prosecuting attorney.

(b) Property or Persons Which May Be Seized With a Warrant. A warrant may be

issued under this rule to search for and seize any (1) evidence of a crime; or (2) contraband, the

fruits of crime, or things otherwise criminally possessed; or (3) weapons or other things by

means of which a crime has been committed or reasonably appears about to be committed; or

(4) person for whose arrest there is probable cause, or who is unlawfully restrained.

(c) Issuance and Contents. A search warrant may be issued only if the court determines

there is probable cause for the issuance of a warrant. The evidence in support of the warrant must

be in the form of affidavits, a statement as provided in GR 13, or sworn testimony establishing

the grounds for issuing the warrant and may be provided to the court by any reliable means. Any

sworn testimony must be recorded and made part of the court record and shall be transcribed if

requested by a party if there is a challenge to the validity of the warrant or if ordered by the

court. The evidence in support of the finding of probable cause shall be preserved and shall be

subject to constitutional limitations for such determinations and may be hearsay in whole or in

part. If the court finds that probable cause for the issuance of a warrant exists, it shall issue a

warrant or direct an individual whom it authorizes for such purpose to affix the court's signature

to a warrant identifying the property or person and naming or describing the person, place or

thing to be searched. The court’s authorization may be communicated by any reliable means. A

record shall be made of any additional evidence on which the court relies

f a warrant exists, it shall issue a

warrant or direct an individual whom it authorizes for such purpose to affix the court's signature

to a warrant identifying the property or person and naming or describing the person, place or

thing to be searched. The court’s authorization may be communicated by any reliable means. A

record shall be made of any additional evidence on which the court relies. The warrant shall be

directed to any peace officer and shall command the officer to search, within a specified period

of time not to exceed 10 days, the person, place, or thing named for the property or person

specified. The warrant shall designate the court to which the warrant shall be returned. The

warrant may be served at any time.

(d) Execution and Return With Inventory. The peace officer taking property under the

warrant shall give to the person from whom or from whose premises the property is taken a copy

of the warrant and a receipt for the property taken. If no such person is present, the officer may

post a copy of the search warrant and receipt. The return shall be made promptly and shall be

accompanied by a written inventory of any property taken. The inventory shall be made in the

presence of the person from whose possession or premises the property is taken, or in the

presence of at least one person other than the officer. The court shall upon request provide a copy

of the inventory to the person from whom or from whose premises the property was taken and to

the applicant for the warrant.

by a written inventory of any property taken. The inventory shall be made in the

presence of the person from whose possession or premises the property is taken, or in the

presence of at least one person other than the officer. The court shall upon request provide a copy

of the inventory to the person from whom or from whose premises the property was taken and to

the applicant for the warrant.

(e) Motion for Return of Property. A person aggrieved by an unlawful search and

seizure may move the court for the return of the property on the ground that the property was

illegally seized and that the person is lawfully entitled to possession thereof. If the motion is

granted the property shall be returned. If a motion for return of property is made or comes on for

hearing after an indictment or information is filed in the court in which the motion is pending, it

shall be treated as a motion to suppress.

(f) Searches of Media.

(1) Scope. If an application for a search warrant is governed by RCW 10.79.015(3) or

42 U.S.C. sections 2000aa et seq., this section controls the procedure for obtaining the evidence.

(2) Subpoena Duces Tecum. Except as provided in subsection (3), if the court determines

that the application satisfies the requirements for issuance of a warrant, as provided in section (c)

of this rule, the court shall issue a subpoena duces tecum in accordance with CR 45(b).

(3) Warrant. If the court determines that the application satisfies the requirements for

issuance of a warrant and that RCW 10.79.015(3) and 42 U.S.C. sections 2000aa et seq. permit

issuance of a search warrant rather than a subpoena duces tecum, the court may issue a warrant.

Comment

Supersedes RCW 10.79.010, .030.