§ 54-33c — Warrant application, affidavits, execution and return. Copies. Orders.

Connecticut § 54-33c

• Jurisdiction: Connecticut
• Title 54: Criminal Procedure
• Ch. 959: Court Jurisdiction and Power

Text

(a) The applicant for a search warrant shall file the application for the warrant and all affidavits upon which the warrant is based with the clerk of the court for the geographical area within which any person who may be arrested in connection with or subsequent to the execution of the search warrant would be presented with the return of the warrant. Upon the arrest of any person in connection with or subsequent to the execution of the search warrant, the law enforcement agency that arrested the person shall notify the clerk of such court of the return of the warrant by completing a form prescribed by the Chief Court Administrator and filing such form with the clerk together with any applicable uniform arrest report or misdemeanor summons. (b) Except for a warrant for the installation and use of a tracking device: (1) The warrant shall be executed within ten days and returned with reasonable promptness consistent with due process of law and shall be accompanied by a written inventory of all property seized; (2) a copy of such warrant shall be given to the owner or occupant of the dwelling, structure, motor vehicle or place designated in the warrant, or the person named in the warrant; and (3) within forty-eight hours of such search, a copy of the application for the warrant and a copy of all affidavits upon which the warrant is based shall be given to such owner, occupant or person. The judge or judge trial referee may, by order, dispense with the requirement of giving a copy of the affidavits to such owner, occupant or person at such time if the applicant for the warrant files a detailed affidavit with the judge or judge trial referee which demonstrates to the judge or judge trial referee that (A) the personal safety of a confidential informant would be jeopardized by the giving of a copy of the affidavits at such time, or (B) the search is part of a continuing investigation which would be adversely affected by the giving of a copy of the affidavits at such time, or (C) the giving of a copy of the affidavits at such time would require disclosure of information or material prohibited from being disclosed by chapter 959a. (c) A warrant for the installation and use of a tracking device shall be returned with reasonable promptness consistent with due process of law and after the period authorized for tracking, including any extension period authorized under subsection (d) of section 54-33a , has expired. Within ten days after the use of the tracking device has ended, a copy of the application for the warrant and a copy of all affidavits upon which the warrant is based shall be given to the person who was tracked or the owner of the property to, in or on which the tracking device was installed. The judge or judge trial referee may, by order, dispense with the requirement of giving a copy of the affidavits to the person who was tracked or the owner of the property to, in or on which the tracking device was installed if the applicant for the warrant files a detailed affidavit with the judge or judge trial referee which demonstrates to the judge or judge trial referee that (1) the personal safety of a confidential informant would be jeopardized by the giving of a copy of the affidavits at such time, or (2) the search is part of a continuing investigation which would be adversely affected by the giving of a copy of the affidavits at such time, or (3) the giving of a copy of the affidavits at such time would require disclosure of information or material prohibited from being disclosed by chapter 959a. (d) If the judge or judge trial referee dispenses with the requirement of giving a copy of the affidavits at such time pursuant to subsection (b) or (c) of this section, such order shall not affect the right of such owner, occupant or person to obtain such copy at any subsequent time. No such order shall limit the disclosure of such affidavits to the attorney for a person arrested in connection with or subsequent to the execution of a search warrant unless, upon motion of the prosecuting authority within two weeks of such person's arraignment, the court finds that the state's interest in continuing nondisclosure substantially outweighs the defendant's right to disclosure. (e) Any order entered pursuant to subsection (b) or (c) of this section dispensing with the requirement of giving a copy of the affidavits to such owner, occupant or person shall be for a specific period of time, not to exceed (1) two weeks beyond the date the warrant is executed, or (2) with respect to a warrant for the installation and use of a tracking device, two weeks after any extension period authorized under subsection (d) of section 54-33a has expired. Within the applicable time period set forth in subdivision (1) or (2) of this subsection, the prosecuting authority may seek an extension of such period of time. Upon the execution and return of the warrant, affidavits which have been the subject of such an order shall remain in the custody of the clerk's office in a secure location apart from the remainder of the court file.

Legislative History

(1963, P.A. 652, S. 4; 1971, P.A. 291; P.A. 76-155; P.A. 85-306; P.A. 89-247; P.A. 97-40, S. 8; P.A. 99-215, S. 9; P.A. 01-72, S. 5; P.A. 14-233, S. 10.) History: 1971 act set ten-day deadline for execution of warrant and required that copy of warrant be given to owner or occupant of dwelling, structure etc. to be searched or to the person named in the warrant; P.A. 76-155 set 48-hour deadline for giving copy of warrant and added provisions re requirement that copy of warrant application, affidavits be given to owner, occupant or person named in warrant; P.A. 85-306 required the applicant to file a detailed affidavit with the judge before the judge may dispense with the requirement of giving a copy of the affidavits; P.A. 89-247 added provisions re filing of copy of search warrant application with clerk of court, re prohibition of clerks' disclosing information pertinent to the application, re protection of rights of an arrested person's attorney to disclosure of affidavits and re time limits on orders which dispense with requirement that copy of warrant application and affidavits be given to interested parties within 48 hours and divided section into Subsecs.; P.A. 97-40 changed “issuance” to “execution” of warrant in Subsec. (a); P.A. 99-215 amended Subsec. (a) by deleting provision requiring filing of copy of warrant and that search be conducted within one business day of execution and prohibiting clerk from disclosure of information re application or affidavits of search warrant and substituting provision that any person arrested in connection with or subsequent to execution of search warrant would be presented with return of warrant; P.A. 01-72 amended Subsec. (a) by adding references to judge trial referee; P.A. 14-233 amended Subsec. (a) to add provision requiring law enforcement agency that arrests person in execution of search warrant to notify clerk of court, designated existing provisions re execution of warrant as new Subsec. (b) and amended same to add provision re exception for warrant for tracking device, insert Subdiv. (1) to (3) designators and redesignate existing Subdivs. (1) to (3) as Subparas. (A) to (C), added Subsec. (c) re return of warrant for tracking device, 10-day deadline for giving copy of application for warrant and affidavits after tracking device use has ended, and exception to requirement to give copy of affidavits, designated existing provisions re dispensing of requirement to give copy of affidavits as Subsec. (d), redesignated existing Subsec. (b) as Subsec. (e) and amended same to designate existing provision re 2 weeks beyond date warrant is executed as Subdiv. (1) and add Subdiv. (2) re warrant for installation and use of tracking device, and made technical and conforming changes. Return on search warrant, not defective. 163 C. 107. Cited. 165 C. 239; 239 C. 793. Cited. 7 CA 265; 10 CA 347; 14 CA 356; 15 CA 251; 18 CA 477. Cited. 28 CS 23. Omission of signature from copies of warrant and affidavits served on defendant held harmless error; exclusionary rule discussed. 35 CS 225. Cited. 36 CS 570; 40 CS 20. Cited. 5 Conn. Cir. Ct. 44, 46. Execution of search and seizure warrant 14 days after its issuance held unreasonable lapse of time although officers' daily surveillance made this the opportune date for search; motion to suppress evidence seized granted. Id., 468.