Rule 2.6 - Search Warrant Applications and Returns; Maintenance of Search Warrant Records; Data Collection(a) Applicability. Rule 2.6(b) and (c) apply to search warrant applications requesting an unannounced entry into a structure. Rule 2.6(d) applies to applications requesting service of a search warrant at night. Rule 2.6(e) applies to search warrant returns. Rule 2.6(f) applies to the maintenance of search warrant records. Rule 2.6(g) and (h), which pertain to data collection, apply to every issued search warrant.(b) Required Findings for an Unannounced Entry into a Structure.(1) A magistrate may not authorize an unannounced entry into a structure under A.R.S. § 13-3915(B) unless the magistrate finds that: (A) a supervising law enforcement officer in the affiant's agency has approved the search warrant application;(B) the application discusses specific facts and safety factors that demonstrate why an announced entry would endanger the safety of any person or would result in the destruction of evidence sought by the warrant; and(C) if the application requests an unannounced entry based on the potential destruction of evidence, the application explains the likelihood of destruction of that evidence, and the magistrate has weighed that likelihood against the risk to personal safety associated with an unannounced entry.(2) The magistrate's signature on a search warrant confirms that the magistrate has made the required findings.(c) Safety Factors for an Unannounced Entry into a Structure. An application for an unannounced entry into a structure must discuss safety factors, as determined by surveillance or other investigative methods, that apply to the circumstances of the case. Safety factors include but are not limited to the following: (1)Criminal Activity. The nature of the criminal activity that forms the basis for the search.(2)Violence. Any history of violence, or the violence potential, of persons known to live at or occupy the place to be searched.(3)Weapons. Weapons that the affiant reasonably believes are at the place to be searched, including the number and type of weapons and whether any occupant has previously used or threatened to use a weapon during criminal activity.(4)Security Characteristics. Particular characteristics of the exterior or interior of the place to be searched, such as the presence of gates, locks, alarms, guard dogs, or other animals that might pose a risk to officers; security screens or window bars; security cameras or other security devices; and explosives, fortifications, booby traps, or other dangerous conditions.(5)Hostages. The presence at the place to be searched of any persons held against their will.(6)Occupants. The number of occupants at the place to be searched and the identity of known occupants; the presence of children, the elderly, and persons with disabilities; and whether any occupant of the place to be searched is experiencing a mental health crisis.(7)Other information. Any other relevant information.(d) Nighttime Service. An application requesting service at any time of the day or night under A.R.S. § 13-3917 must contain specific facts that provide good cause why service only during the day would not be reasonable or feasible.(e) Return of Search Warrant and Inventory.(1)Return to Issuing Court; Additional Returns. The return on a search warrant must be made to the magistrate who issued the warrant by delivering a written form of return to that magistrate's court along with a written inventory of the property taken. Supplemental, amended, and corrected returns and inventories may be made with respect to any search warrant. If additional property is seized or received after the initial return of the warrant, a supplemental return and inventory must be made.(2)Manner of Delivery. Delivery of a search warrant return and inventory must be made by facsimile, electronic means, in a manner permitted by the court, or in person.(3)Contents of Inventory; Signed Written Oath. The return and inventory must recite that it contains a true and detailed account of all the property taken, and if applicable, state that further property is expected to be taken or received pursuant to the warrant and how that information is known.(4)Verification. The return and inventory must be verified through a signed, written oath swearing or affirming that the information on the return and inventory is true and detailed. A signed written oath on a return and inventory, including those signed electronically, has the same legal effect as if taken in the presence of the magistrate.(f) Maintenance of Search Warrant Records.(1)Clerk of Court. The clerk of the court that issued the warrant must maintain a record of the warrant and any return and inventory.(2)Request to Modify the Time Search Warrant Records Are Maintained Outside of the Public Record. A request to modify the time search warrant documents are maintained outside the public record that is made at the time the return and inventory is delivered must be submitted on a separate page accompanying the return and inventory, be signed by the affiant or the officer returning the warrant, state the reasons establishing good cause for the request, and state specifically whether the request pertains to: (A) the application and affidavit;(B) the issued search warrant;(C) the return and inventory;(D) any other specific document; or(E) all documents associated with the search warrant.(3)Submission Through an Electronic Portal. For search warrants that are submitted and issued through an electronic portal approved by the Administrative Office of the Courts, a request to modify the time before a document relating to a search warrant is open to the public record may be programmed or incorporated into the return and inventory documents compiled by the electronic system rather than submitted as a separate page.(g) Cover Sheet for the Return. The return on a warrant must be accompanied by a cover sheet completed and signed by the affiant or the officer returning the warrant. The cover sheet must be in a format, and contain information, as determined by the Director of the Administrative Office of the Courts. The cover sheet must specify whether service of the warrant required entry into a structure. If service of the search warrant required entry into a structure, the cover sheet also must indicate whether the warrant: (1) authorized an unannounced entry and was executed by an unannounced entry;(2) authorized an unannounced entry but was executed by knocking and announcing before entry;(3) did not authorize an unannounced entry and was executed by knocking and announcing before entry;(4) did not authorize an unannounced entry but was executed by an unannounced entry;(5) authorized nighttime service; and/or(6) was executed at night.(h) Court Data.(1) Each court must collect and maintain the following data:(A) the total number of search warrants the court authorized during the reporting period; and(B) the total number of warrants for each of the categories identified in the cover sheets submitted to the court under Rule 2.6(e).(2) Courts must submit this data as directed by the Director of the Administrative Office of the Courts.(i) Definitions. For purposes of this rule: (1) "Night" means the period from 10 p.m. to 6:30 a.m.(2) "Structure" means any building, place, or vehicle with sides, a door, and a floor, which a reasonable person would believe is used for permanent or temporary lodging or for a business.Added August 29, 2022, effective 3/1/2023; amended August 24, 2023, effective 1/1/2024.