Section 212. Dissemination of Search Warrant Information

(A) The issuing authority shall not make any search warrants and any affidavit(s) of probable cause available for public inspection or dissemination until the warrant has been executed.

(B) Unexecuted warrants and the associated affidavits of probable cause are not public records and upon return to the issuing authority the unexecuted warrants and affidavit(s) shall be destroyed by the issuing authority.

Comment

Execution of search warrants carries the potential risk of hazard and premature dissemination of the intention to execute a warrant may greatly increase that risk. For this reason, this rule was adopted in 2008 to delay the dissemination of search warrant information to the general public until after execution. This rule does not deny disclosure of any search warrant information to which the public is entitled, but rather, temporarily delays the dissemination of that information in order to protect public safety.

Once the warrant is executed, the information may be disseminated unless sealed pursuant to Rule 211.

The rule was amended in 2013 to clarify that unexecuted search warrants are not public records. This change recognizes that often search warrants may be issued that are never executed. This non-execution may arise from many factors, including a discovery that the information that formed the basis of the original issuance of the search warrant was inaccurate. Given the potential harm to the subject of a search warrant as well as potential disruption to public safety and investigations, information related to such expired warrants must remain confidential. See PG Publishing Co. v. Commonwealth, 532 Pa. 1, 614 A.2d 1106 (1992) (‘‘The ex parte application for the issuance of a search warrant and the issuing authority’s consideration of the application are not subject to public scrutiny. The need for secrecy will ordinarily expire once the search warrant has been executed.’’).

Official Note

Rule 212 adopted June 23, 2008, effective August 1, 2008; amended October 22, 2013, effective January 1, 2014.

Final Reprot explaining new Rule 212 providing for the limitations in dissemination of search warrant information published with the Court’s Order at 38 Pa.B. 3651 (July 5, 2008).

Final Report explaining the October 22, 2013 amendment providing that expired unexecuted warrants are not public records published with the Court’s Order at 43 Pa.B. 6652 (November 9, 2013).

The provisions of this Rule 212 adopted June 23, 2008, effective August 1, 2008, 38 Pa.B. 3651; amended October 22, 2013, effective January 1, 2014, 43 Pa.B. 6649. Immediately preceding text appears at serial pages (335389) to (335390).