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Rule 206 – Contents of Application for Search Warrant

May 14, 2021 | Criminal Procedure, Pennsylvania

Each application for a search warrant shall be supported by written affidavit(s) signed and sworn to or affirmed before an issuing authority, which affidavit(s) shall:

(1) state the name and department, agency, or address of the affiant;
(2) identify specifically the items or property to be searched for and seized;
(3) name or describe with particularity the person or place to be searched;
(4) identify the owner, occupant, or possessor of the place to be searched;
(5) specify or describe the crime which has been or is being committed;
(6) set forth specifically the facts and circumstances which form the basis for the affiant’s conclusion that there is probable cause to believe that the items or property identified are evidence or the fruit of a crime, or are contraband, or are expected to be otherwise unlawfully possessed or subject to seizure, and that these items or property are or are expected to be located on the particular person or at the particular place described;
(7) if a “nighttime” search is requested (i.e., 10 p.m. to 6 a.m.), state additional reasonable cause for seeking permission to search in nighttime;
(8) when the attorney for the Commonwealth is requesting that the affidavit(s) be sealed pursuant to Rule 211, state the facts and circumstances which are alleged to establish good cause for the sealing of the affidavit(s); and
(9) a certification that the application complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania regarding confidential information and documents.

234 Pa. Code ยง 206

Amended by Pennsylvania Bulletin, Vol 48, No. 24. June 16, 2018, effective 6/16/2018

Committee Explanatory Reports:

Report explaining the September 3, 1993 amendments 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 October 19, 2005 amendments to paragraph (6) and the Comment published with the Court’s Order at 35 Pa.B. 6088 (November 5, 2005) .