Section 204. Person to Serve Warrant

A search warrant shall be served by a law enforcement officer.

Comment

No specific person need be designated in the warrant. However, only a law enforcement officer can properly serve a search warrant.

For the requirements when a law enforcement officer executes a search warrant beyond the territorial limits of the officer’s primary jurisdiction, see Section 8953 of the Judicial Code, 42 Pa.C.S. § 8953. See also Commonwealth v. Mason, 490 A.2d 421 (Pa. 1985).

Official Note

Rule 2004 adopted March 28, 1973, effective 60 days hence; Comment revised August 9, 1994, effective January 1, 1995 ; renumbered Rule 204 and Comment revised March 1, 2000, effective April 1, 2001.

Committee Explanatory Reports:

Report explaining the August 9, 1994 Comment revisions published at 22 Pa.B. 6 (January 4, 1992); Final Report published with the Court’s Order at 24 Pa.B. 4342 (August 27, 1994).

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1477 (March 18, 2000).