00Enrolled HB 114                                                                                                         
01 Relating to the issuance of a search warrant upon the sworn testimony or affidavit of a person                          
02 communicated by telephone, other appropriate means, or facsimile machine.                                               
03                           _______________                                                                               
04    * Section 1.  AS 12.35.015(a) is amended to read:                                                                  
05            (a)  A judicial officer may issue a search warrant upon the sworn oral                                       
06       testimony of a person communicated by telephone or other appropriate means, or                                    
07       sworn affidavit transmitted by facsimile machine, if the judicial officer finds that there                        
08       is probable cause to believe that                                                                                 
09                 (1)  the presentation of the applicant's affidavit or testimony personally                              
10       before the judicial officer would result in a delay in obtaining or executing a search                    
11       warrant [AND IN EXECUTING THE SEARCH]; and                                                                        
12                 (2)  the delay might result in loss or destruction of the evidence subject                              
13       to seizure or might interfere with an ongoing investigation.