Adm. Cnty. Pa. 202

As amended through December 4, 2023
Rule 202 - Approval of Search Warrant Applications by Attorney for the Commonwealth-Local Option
A. Except as in Paragraph B, search warrants in all cases shall not be issued by any judicial officer unless the search warrant has approval of an attorney of the Commonwealth prior to filing.
B. Search warrant approval by an attorney for the Commonwealth is not required in the following circumstance:
1. Search warrants to obtain a blood sample to determine blood alcohol content and the presence of controlled substances based on violations of 75 Pa.C.S. § 3802(a)-(d), Driving Under the Influence of Alcohol/Controlled Substances, unless the investigation involves a fatality and/or serious bodily injury. In such instance, the affidavit of probable cause shall clearly set forth that the investigation does not involve a fatality and/or serious bodily injury. Absent such clear language or approval from an attorney for the Commonwealth, requests for search warrants for violations of 75 Pa.C.S. § 3802(a)-(d) will be denied.

Adm. Cnty. Pa. 202

Amended effective 10/17/2022; amended effective 5/29/2023; amended effective 7/31/2023; amended effective 12/18/2023.