Rules of Criminal Procedure

Question 1

Rule 150 Bench Warrants

Answer 1

• when a defendant is arrested for bench warrant, will be taken without unnecessary delay for hearing on bench warrant.
• person shall not be detained without bench warrant hearing on that bench warrant longer than 72 hrs or close of next business day if 72 hrs expires on non business day.
• if bench warrant hearing is not held within the time limits, bench warrant shall expire by operation of law

Question 2

Rule 151 Bench Warrant procedures when witness is under 18 years of age

Answer 2

b) arresting officer inform the judicial officer and parent or guardian of minor
c) minor witness shall not be detained w/o bench warrant longer than 24 hrs or close of next business day if 24 hrs expires on non business day.
4) if out of county of issuance and detention is ordered, minor shall be brought to county of issuance within 72 hrs from execution of bench warrant. minor will be released if time limits not met

Question 3

Rule 201. Purpose of Search Warrant

Answer 3

1- contraband, fruits of a crime, things otherwise criminally possessed
2- property that is or has been used as the means of committing a criminal offense ; or;
3- property that constitutes evidence of the commission of a criminal offense

Question 4

Rule 204 Person to Serve Warrants

Answer 4

a search warrant shall be served by a law enforcement officer

Question 5

Rule 204 Person to Serve Warrants

Answer 5

a search warrant shall be served by a law enforcement officer

Question 6

Rule 208 Copy of Warrant; receipt for seized property

3 things must leave

Answer 6

a) copy of warrant, affidavit(s) in support thereof, and Receipt for property seized. COPY MUST BE LEFT WHETHER OR NOT ANYTHING SEIZED
C)* the officer shall not leave a copy of an affidavit that has been sealed pursuant to Rule 211

Question 7

Rule 209 Return with Inventory

Answer 7

after executing warrant, shall return search warrant promptly after search is completed, along with inventory to issuing authority

• unexecuted warrants returned to issuing authority once the time expires, affiant shall retain a copy of returned unexecuted search
• The inventory shall be made in presence of the person whose possession or premises the property was taken,
• officer signs statement on inventory that is true a correct listing
• when the search warrant affidavit is sealed, the return shall be made to the justice or judge who issued it

Question 8

Rule 211 Sealed Search Warrant Affidavits

Answer 8

-at the request of the atty for commonwealth, search warrant may be sealed upon good cause
when issued, sealed shall be filed with the clerk of courts in judicial district in which warrant is to be executed
affidavits shall be sealed for period of not more than 60 days .
-upon motion, judge may grant unlimited number of extensions of sealed, not more than 30 days each time

Question 9

Rule 211 sealed search warrant affidavits continued

reasons

Answer 9

temporarily sealing affidavits may be required in cases where ongoing investigation exists, electronic surveillance, undercover agent, would be jeopardized by revealing information on search warrant affidavit.
when search warrant affidavit is to be sealed, the application and affidavits should be prepared as separate documents ( not as for normal search warrant affidavits), judge issuing the warrant must certify on the face reasons why and how many days to be sealed)
motions can be filed on the defendants side _ however - all information will be available at time of preliminary hearings for discovery

Question 10

Rule 212 dissemination of search warrant information

Answer 10

under no circumstances, issuing authority wont make search warrant and any affidavits of PC available for public inspection until warrant has been executed, if not executed, issuing authority destroys

Question 11

Rule 221 summoning investigating grand jurors

Answer 11

after issuing an order summoning an investigating grand jury, ( presented to president judge of judicial district) officials designate not less than 38 persons eligible by law to serve as grand jurors.

Question 12

Rule 222 Composition and Organization of the Investigating grand jury

Answer 12

23 legally qualified jurors, minimum of 7 and not more than 15 legally qualified alternates. not less than 15 nor more than 23 legally.
when there is more than 30 persons impaneled , the judge in charge shall excuse a sufficient number of persons to reduce the panel to not more than 23 persons, plus the min. of 7 but not more than 15. will take place by random drawing.