SLR 4-4.035: ISSUANCE OF SEARCH WARRANTS

(1) For the purposes of this section, the term “search warrant” means those issued pursuant to ORS 133.545 as well as requests to approve installation of a mobile tracking device, a pen register or trap and trace device, or any other authorization requiring a judicial finding of probable cause. (2) A request for a search warrant may be made to any Circuit Court Judge, subject to any procedures established by the Presiding Judge. (3) The applicant shall include a Search Warrant Checklist along with the search warrant that must include the following information: (a) The name and cell phone number of the affiant. (b) The name and cell phone number of the District Attorney who personally reviewed the facts underlying the application, and their agreement that probable cause exists and that a warrant should issue. For after-hours warrants, the District Attorney must also agree that the matter is urgent and cannot wait until the following business day. (c) Whether the search warrant application has been presented to any other judge. (i) If the warrant was previously presented to another judge and the judge would not sign the warrant, the search warrant application must be resubmitted to the same judge unless the judge gives permission for it to be submitted to the duty judge. The District Attorney must re-review the application prior to resubmission. (ii) If the warrant was previously presented to another judge and signed, and is being resubmitted because an error was discovered, the search warrant application may either be resubmitted to the initial judge or the duty judge. The District Attorney must re-review the application prior to resubmission. (d) If a law enforcement agency seeking the warrant does not have a checklist template, the reviewing District Attorney shall be responsible for working with the affiant to prepare one. (4) For search warrant requests outside of the normal business hours of the court, the request for a search warrant must be made to the judge assigned to be the “duty judge” for after- hour search warrant requests. If the duty judge cannot be contacted, the request may then be made to any other circuit court judge. (5) When a search warrant application contains a request for an Order to Seal the warrant, the Order to Seal must include either the investigating agency’s case number, a District Attorney case number, or a court case number.