§ 16-82-201 — Issuance of search warrants upon oral testimony

(a) General Rule. If the circumstances make it reasonable to dispense with a written affidavit, any judicial officer of this state may issue a warrant based upon sworn oral testimony communicated by telephone or other appropriate means. (b) Application. (1) The person who is requesting the warrant shall prepare a document, in a form approved by the Arkansas Judicial Council, to be known as a duplicate original warrant and shall read such duplicate original warrant verbatim to the judicial officer. (2) The judicial officer shall enter verbatim what is so read to such magistrate on a document to be known as an original warrant. (3) The judicial officer may direct that the warrant be modified. (c) Issuance. (1) If the judicial officer is satisfied that the circumstances are such as to make it reasonable to dispense with a written affidavit and that grounds for the application exist or that there is probable cause to believe that they exist, the judicial officer shall order the issuance of a warrant by directing the person requesting the warrant to sign the judicial officer's name on the duplicate original warrant. (2) The judicial officer shall immediately sign the original warrant and enter on the face of the original warrant the exact time when the warrant was ordered to be issued. (3) The finding of probable cause for a warrant upon oral testimony may be based on the same kind of evidence as is sufficient for a warrant upon affidavit. (d) Recording and Certification of Testimony. (1) When a caller informs the judicial officer that the purpose of the call is to request a warrant, the judicial officer shall immediately place under oath each person whose testimony forms a basis for the application and each person applying for that warrant. (2) (A) If a voice recording device is available, the judicial officer shall record by means of the device all of the call after the caller informs the judicial officer that the purpose of the call is to request a warrant. (B) Otherwise, a stenographic or longhand verbatim record shall be made immediately. (C) If a voice recording device is used or a stenographic record made, the judicial officer shall have the record transcribed, shall certify the accuracy of the transcription, and shall file a copy of the original record and the transcription with the court. (D) If a longhand verbatim record is made, the judicial officer shall file a signed copy with the court. (e) Contents. The contents of a warrant upon oral testimony shall be the same as the contents of a warrant upon affidavit. (f) Additional Rule of Execution. The person who executes the warrant shall enter the exact time of execution on the face of the duplicate original warrant. (g) Motion to Suppress Precluded. Absent a finding of bad faith, evidence obtained pursuant to a warrant issued under this section is not subject to a motion to suppress on the ground that the circumstances were not such as to make it reasonable to dispense with a written affidavit.

Legislative History

Rev. Stat., ch. 45, § 15; C. & M. Dig., § 2890; Pope's Dig., § 3706; Acts 1971, No. 123, §§ 1, 2; A.S.A. 1947, §§ 43-201, 43-205; Acts 1993, No. 961, § 2; Acts 2005, No. 1994, § 439.