Which statements describe telephonic search warrants?

Which statements describe telephonic search warrants?

• A. There is no written affidavit
• B. The county attorney contacts the judge
• C. The judge records testimony by voice
• D. All of the above

Answer: (D)

Telephonic search warrants operate with the judge hearing the facts and probable cause by oral testimony provided over the phone rather than in person. The county attorney often acts as the presenter, conveying the necessary information to the judge and requesting the warrant. The judge then records the testimony by voice as part of the official record. The oath or affirmation required for the warrant can be satisfied through this oral testimony, so a separate written affidavit isn’t needed at the moment of the telephonic application (though a written document may be prepared later). Because these elements describe how telephonic warrants are typically conducted, all of the statements reflect that process.

Telephonic search warrants operate with the judge hearing the facts and probable cause by oral testimony provided over the phone rather than in person. The county attorney often acts as the presenter, conveying the necessary information to the judge and requesting the warrant. The judge then records the testimony by voice as part of the official record. The oath or affirmation required for the warrant can be satisfied through this oral testimony, so a separate written affidavit isn’t needed at the moment of the telephonic application (though a written document may be prepared later). Because these elements describe how telephonic warrants are typically conducted, all of the statements reflect that process.