CSHB 114(JUD) (title am)-ISSUANCE OF SEARCH WARRANTS  CHAIR SEEKINS announced HB 114 to be up for consideration. MR. DOUG WOOLIVER, Administrative Attorney, Alaska Court System, said HB 114 was introduced at the request of the Alaska State Supreme Court to clear up the technical way in which judges are allowed to receive testimony and affidavits from a police officer that wants to get a search warrant. Under general circumstances, if a police officer wants a search warrant, he can either fill out an affidavit and take it to court or talk to the judge in person. This works fine except in the many circumstances when the judge and the police officer are in different communities, which is common in Alaska. Right now to handle those circumstances the law allows under very limited circumstances a police officer to fax in their application and allows them to speak to the judge over the phone. The trouble with that is the only time that's allowed is when the item the officer wants to search is in danger of being lost of destroyed. Many times that standard simply can't be met. For instance, police officers in Togiak seized what they believed was bootlegged liquor in some luggage off of an airplane. Once they seized it, it was no longer in danger of being lost or destroyed, but they needed a search warrant to open it. Routinely they call in to a trooper post at the nearest location that has a judge, who in turn asks the judge for the search warrant. It's faster and more reliable if the officer can just contact the judge directly. Another circumstance that happens frequently is an officer will do a "knock and talk" outside of Talkeetna, for example. They get to a residence at night and smell a marijuana growing operation in a shed by the house. Now the troopers are on-site so the marijuana is not in danger of being lost or destroyed, they need a warrant to go into the shed. So, one trooper stays in Talkeetna, another trooper drives all the way into Anchorage where the nearest judge is at night, gets the search warrant and then drives all the way back. It takes two troopers out of commission for four hours to do that round trip. All this bill does is add one sentence to the statute - "or not getting a search warrant in this manner will interfere with the ongoing investigation." It allows a judge to accept telephonic and faxed testimony to issue a search warrant. It does not change in any way the standard that has to be met in order to get a search warrant. SENATOR THERRIAULT asked if the trooper having to stay on site is the interference or the delay. MR. WOOLIVER said anything would be a delay. Everything has to be stopped to get a warrant as a practical issue and the delay means something. SENATOR FRENCH said he worked in this area and getting search warrants in bush communities is more difficult than in many places that have ready access to courts. He thinks this is a good common sense approach to the matter. SENATOR OGAN moved to pass CSHB 114(JUD)(title am) from committee with the zero fiscal note and asked for unanimous consent. There was no objection and it was so ordered. 2:13 - 2:15 p.m. - at ease CHAIR SEEKINS adjourned the meeting at 2:15 p.m.