THE COURTS
Title 234--RULES OF CRIMINAL PROCEDURE
[234 PA. CODE CH. 2]
Proposed New Pa.R.Crim.P. 212
[37 Pa.B. 1302]
[Saturday, March 24, 2007]The Criminal Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania adopt new Rule 212 to provide for the temporary delay in the dissemination of search warrant information to the public prior to execution. This proposal has not been submitted for review by the Supreme Court of Pennsylvania.
The following explanatory Report highlights the Committee's considerations in formulating this proposal. Please note that the Committee's Report should not be confused with the official Committee Comments to the rules. Also note that the Supreme Court does not adopt the Committee's Comments or the contents of the explanatory Reports.
The text of the proposed new Rule 212 precedes the Report. Additions are shown in bold; deletions are in bold and brackets.
We request that interested persons submit suggestions, comments, or objections concerning this proposal in writing to the Committee through counsel,
Anne T. Panfil, Chief Staff Counsel
Supreme Court of Pennsylvania
Criminal Procedural Rules Committee
5035 Ritter Road, Suite 100
Mechanicsburg, PA 17055
fax: (717) 795-2106
e-mail: criminal.rules@pacourts.usno later than Monday, April 23, 2007.
By the Criminal Procedural Rules Committee
NICHOLAS J. NASTASI,
Chair
Annex A
TITLE 234. RULES OF CRIMINAL PROCEDURE
CHAPTER 2. INVESTIGATIONS
PART A. Search Warrant Rule 212. Dissemination of Search Warrant Information.
The issuing authority shall not make any search warrants, all affidavits of probable cause, and any other supporting information available for public inspection or dissemination until the warrant has been executed.
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 2007 to delay the dissemination of search warrant information to the general public until after execution. This rule does not deny disclosure of search warrant information to the public, 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.
Official Note: Rule 212 adopted , 2007, effective , 2007.
Committee Explanatory Reports:
Report explaining new Rule 212 providing for the limitations in dissemination of search warrant information published at 37 Pa.B. 1302 (March 24, 2007).
REPORT
Proposed New Pa.R.Crim.P. 212
Dissemination of Search Warrant Information Recently, the Committee has been presented with questions regarding the obligation of an issuing authority to disseminate search warrant information to the public prior to the execution of these warrants. This concern has been heightened by the increased level of automation of court records and increased accessibility of this information.
Premature disclosure of search warrant information has the potential for injury or loss of life to the executing officers in addition to the possibility of destruction or secretion of evidence. The Committee concluded that such disclosure was inappropriate and that reasonable limitations on pre-execution disclosure should be put into place, regardless of whether that information was disseminated electronically or was physically available for inspection at the issuing authority's office.
The Committee believes that such a restriction is consistent with current Pennsylvania law. In PG Publishing Co. v. Commonwealth, 532 Pa. 1, 614 A.2d 1106 (1992), the Supreme Court of Pennsylvania noted with approval the process of sealing executed search warrants by court order but specifically distinguished the pre-execution situation, stating, ''The ex parte application for 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.'' 532 Pa. at 6, 614 A.2d at 1108.
The Committee is proposing a new Rule 212 that would prohibit the issuing authority from disseminating search warrant information, in any form, to the public until the warrant is executed. It is contemplated that the search warrant itself, the affidavit of probable cause and the existence of the warrant are included in this limitation. The Committee is proposing as a new rule rather than a modification to Rule 211, which provides for the sealing of search warrant affidavits, because the procedure here is different in quality and duration from that for the sealing of a warrant. A search warrant sealed pursuant to Rule 211 provides for long-term restriction, up to the date of arraignment, and requires judicial review. The procedure contemplated by new Rule 212 would be of limited duration and ministerial in nature. Since the time in which a warrant must be executed is of finite duration,usually not to exceed two days from the time of issuance, the restriction on the dissemination of warrant information is temporary and any impact on the right of public access to court records would be very limited.
[Pa.B. Doc. No. 07-482. Filed for public inspection March 23, 2007, 9:00 a.m.]
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