TITLE 19

CRIMINAL PROCEDURE

CHAPTER 44

SEARCH WARRANTS

19-4404.  Oral affidavit — Telephonic affidavit — Procedures. In lieu of a written affidavit, the magistrate may take an oral statement under oath which shall be recorded and transcribed. The judge is authorized to administer an oath or affirmation by telephone, and to take testimony by telephone. All testimony given over the telephone that is intended to support an application for a search warrant must be given on oath or affirmation and must identify the person testifying. The affidavit or oral testimony as recorded must be filed with the clerk of the court.

History:

[19-4404, added 1994, ch. 415, sec. 1, p. 1304.]