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HB 114: "An Act relating to the issuance of a search warrant."

00 HOUSE BILL NO. 114 01 "An Act relating to the issuance of a search warrant." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 12.35.015(a) is amended to read: 04 (a) A judicial officer may issue a search warrant upon the sworn [ORAL 05 TESTIMONY OF A PERSON COMMUNICATED BY TELEPHONE OR OTHER 06 APPROPRIATE MEANS, OR SWORN] affidavit transmitted by facsimile machine. 07 A judicial officer may issue a search warrant upon the sworn oral testimony of a 08 person communicated by telephone or other appropriate means [,] if the judicial 09 officer finds that there is probable cause to believe that 10 (1) the presentation of the applicant's [AFFIDAVIT OR] testimony 11 personally before the judicial officer would result in a significant delay in obtaining 12 or executing a search warrant [AND IN EXECUTING THE SEARCH]; and 13 (2) the delay might result in loss or destruction of the evidence subject 14 to seizure or might interfere with an ongoing investigation.