Amendment of Rules of Criminal Procedure 202; Administrative Order No. 8 of 2016
[46 Pa.B. 6825]
[Saturday, October 29, 2016]
Order of Court
And Now, this 8th day of July, 2016, the Court hereby Orders that Rule 202 of the Adams County Rules of Criminal Procedure shall be amended as follows:
Rule 202. Approval of Search Warrant Applications by Attorney for the Commonwealth—Local Option.
[The District Attorney of Adams County having filed a certification pursuant to Pa.R.Crim.P. § 202(A), search warrants in all cases except those involving exigent circumstances shall not hereafter be issued by any judicial officer unless the search warrant application has the approval of an attorney for the Commonwealth prior to filing.]
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.
This rule amendment shall become effective after all the provisions of the Pennsylvania Rules of Judicial Administration 103 are met, to include the following:
a. A certified copy of this order shall be submitted to the Criminal Procedural Rules Committee for review;
b. Upon receipt of a statement from the Criminal Procedural Rules Committee that the local rule is not inconsistent with any general rule of the Supreme Court, two (2) certified copies of this Order together with a computer diskette that complies with the requirement of 1 Pa. Code § 13.11(b), or other compliant format, containing the test of the local rule(s) adopted hereby shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;
c. One (1) certified copy of this Order shall be forwarded to the Administrative Office of the Pennsylvania Courts;
d. A copy of the proposed local rule shall be published on the 51st Judicial District website;
e. This Order shall be filed in the Office of the Prothonotary of Adams County and a copy thereof shall be filed with the Adams County Clerk of Courts and the Adams County Law Library for inspection and copying;
f. The effective date of the local rule shall be 30 days after publication in the Pennsylvania Bulletin.
By the Court
MICHAEL A. GEORGE,
[Pa.B. Doc. No. 16-1854. Filed for public inspection October 28, 2016, 9:00 a.m.]
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