Rule 208. Copy of Warrant; Receipt for Seized Property
(a) A law enforcement officer, upon taking property or person pursuant to a search warrant, shall leave with the person from whom or from whose premises the property or person was taken a copy of the warrant and affidavit in support thereof, and a receipt for the property seized. A copy of the warrant and affidavit must be left whether or not any property or person is seized.
(b) If no one is present on the premises when the warrant is executed, the officer shall leave the documents specified in subdivision (a) at a conspicuous location in the said premises. A copy of the warrant and affidavit must be left whether or not any property or person is seized.
(c) Notwithstanding the requirements in subdivisions (a) and (b), the officer shall not leave a copy of an affidavit that has been sealed pursuant to Rule 211.
Comment: Subdivisions (a) and (b) include the provision of Rule 201(d) that provides that a person may be the subject of a search warrant when the person is also the subject of a bench or arrest warrant. In such circumstances, the search warrant is to effectuate the arrest by permitting the search of a premises other than the residence of the subject of the bench or arrest warrant. The search warrant does not take the place of the underlying bench or arrest warrant.
Source The provisions of this Rule 208 amended May 2, 2024, effective October 1, 2024, 54 Pa.B. 2743. Immediately preceding text appears at serial page (392744).
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