| Introduced By: Senators Kells, Goodwin, Ruggerio, Roney and Graziano |
| Date Introduced: February 13, 1997 |
| Referred To: Senate Committee on Judiciary |
It is enacted by the General Assembly as follows
SECTION 1. Chapter 12-5 of the General Laws entitled "Search Warrants" is hereby amended by adding thereto the following section:
{ADD 12-5-2.1. Anticipatory search warrants. -- ADD} {ADD An anticipatory warrant based upon a written complaint and supported by probable cause may be issued to take effect, not upon issuance, but at a specified future time, or at the happening of a specific future event. Probable cause requires that evidence of it can likely be found at the described locus at the time of the search. The warrant shall establish a nexus between the criminal act, the evidence to be seized and the place to be searched. An anticipatory warrant must be executed in close proximity to the time of the event. The applicant shall apply for the anticipatory search warrant no more than forty-eight (48) hours in advance of the anticipated event.
The evidence must be on an ascertainable course so that the event on which the warrant is conditioned bears a definite relationship to the premises to be searched. The warrant must be explicit and clear, with narrowly drawn conditions governing its execution to ensure the anticipated nexus will actually exist if and when the warrant is executed. Anticipatory warrants can be directed toward the search of a person or place. ADD}
SECTION 2. This act shall take effect upon passage.
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This act would enable the court to issue anticipatory search warrants to be issued at a specified future time.
This act would take effect upon passage.
