Current through Register Vol. 54, No. 16, April 20, 2024
Rule 205 - Contents of Search Warrant(A) Each search warrant shall be signed by the issuing authority and shall: (1) specify the date and time of issuance;(2) identify specifically the property to be seized;(3) name or describe with particularity the person or place to be searched;(4) direct that the search be executed either;(a) within a specified period of time, not to exceed 2 days from the time of issuance, or;(b) when the warrant is issued for a prospective event, only after the specified event has occurred;(5) direct that the warrant be served in the daytime unless otherwise authorized on the warrant, provided that, for purposes of the rules of Chapter 200, Part A, the term "daytime" shall be used to mean the hours of 6 a.m. to 10 p.m.;(6) designate by title the judicial officer to whom the warrant shall be returned;(7) certify that the issuing authority has found probable cause based upon the facts sworn to or affirmed before the issuing authority by written affidavit(s) attached to the warrant; and(8) when applicable, certify on the face of the warrant that for good cause shown the affidavit(s) is sealed pursuant to Rule 211 and state the length of time the affidavit(s) will be sealed.(B) A warrant under paragraph (A) may authorize the seizure of electronic storage media or of electronically stored information. Unless otherwise specified, the warrant authorizes a later review of the media or information consistent with the warrant. The time for executing the warrant in (A)(4)(a) refers to the seizure of the media or information, and not to any later off-site copying or review.The provisions of this Rule 205 amended October 19, 2005, effective 2/1/2006, 35 Pa.B. 6087; amended October 22, 2013, effective 1/1/2014, 43 Pa.B. 6649; amended July 31, 2017, effective 10/1/2017, 47 Pa.B. 4680.