Alaska Statutes
Alaska Stat. § 12.35.015 (2026)
Issuance of search warrant upon testimony communicated by telephone or other means
✓ current as of July 2026
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Sec. 12.35.015. Issuance of search warrant upon testimony communicated by telephone or other means.
(a) A judicial officer may issue a search warrant upon the sworn oral testimony of a person communicated by telephone or other appropriate means, or sworn affidavit transmitted by facsimile machine.
(b) A judicial officer shall place under oath each person whose oral testimony forms a basis of the application and each person applying for the search warrant. The judicial officer shall record the proceeding by using a voice recording device.
(c) If a facsimile search warrant cannot be transmitted to the applicant under (g) of this section, the applicant shall prepare a document to be known as a duplicate original warrant and shall read it verbatim to the judicial officer. The judicial officer shall enter, verbatim, on an original search warrant what is read to the judicial officer. The judicial officer may direct that the duplicate original search warrant be modified.
(d) Except as provided in (g) of this section, if a search warrant is issued under this section, the judicial officer shall orally authorize the applicant to sign the judicial officer's name on the duplicate original search warrant. The judicial officer shall immediately sign the original search warrant and enter on the face of the original search warrant the exact time when the search warrant was ordered to be issued.
(e) The person who executes a search warrant issued under this section shall enter the exact time of execution on the face of the facsimile search warrant issued under (g) of this section or the duplicate original search warrant.
(f) [Repealed, § 39 ch 75 SLA 2008.]
(g) A search warrant issued by a judicial officer may be transmitted by facsimile machine to the applicant. The facsimile search warrant shall serve as an original.
(a) A judicial officer may issue a search warrant upon the sworn oral testimony of a person communicated by telephone or other appropriate means, or sworn affidavit transmitted by facsimile machine.
(b) A judicial officer shall place under oath each person whose oral testimony forms a basis of the application and each person applying for the search warrant. The judicial officer shall record the proceeding by using a voice recording device.
(c) If a facsimile search warrant cannot be transmitted to the applicant under (g) of this section, the applicant shall prepare a document to be known as a duplicate original warrant and shall read it verbatim to the judicial officer. The judicial officer shall enter, verbatim, on an original search warrant what is read to the judicial officer. The judicial officer may direct that the duplicate original search warrant be modified.
(d) Except as provided in (g) of this section, if a search warrant is issued under this section, the judicial officer shall orally authorize the applicant to sign the judicial officer's name on the duplicate original search warrant. The judicial officer shall immediately sign the original search warrant and enter on the face of the original search warrant the exact time when the search warrant was ordered to be issued.
(e) The person who executes a search warrant issued under this section shall enter the exact time of execution on the face of the facsimile search warrant issued under (g) of this section or the duplicate original search warrant.
(f) [Repealed, § 39 ch 75 SLA 2008.]
(g) A search warrant issued by a judicial officer may be transmitted by facsimile machine to the applicant. The facsimile search warrant shall serve as an original.
Notes of Decisions
Cited in 8
cases, 1983–2019 · leading case: Missouri v. McNeely, 133 S. Ct. 1552 (2013).
Missouri v. McNeely, 133 S. Ct. 1552 (2013). “8(b) (2012-2013) ; Alaska Stat. § 12.35.015 (2012) ; Ariz.Rev.”
Clay, Sara Kathrine, 391 S.W.3d 94 (Tex. Crim. App. 2013). “See Alaska Stat. § 12.35.015 (a) ("A judicial officer may issue a search warrant upon the sworn oral testimony of a person communicated by telephone or other appropriate means, or sworn affidavit transmitted by facsimile machine.”
Burrece v. State, 976 P.2d 241 (Alaska Ct. App. 1999). “*245 Since the information which Trooper Bleicher provided was not the original application for the search warrant but was supplemental, in my view there is a serious question whether AS 12.35.015 required Judge Ashman to find, in order to proceed telephonically, that "the delay…”
Commonwealth v. Almonor, 120 N.E.3d 1183 (Mass. 2019). “See Alaska Stat. § 12.35.015 ; Ariz. Rev. Stat.”
Hamilton v. State, 771 P.2d 1358 (Alaska Ct. App. 1989). “The court may allow telephonic participation of one or more parties, counsel or the judge at any proceeding in its discretion. The court may allow telephonic participation of witnesses at bail hearings, omnibus hearings, probation revocation hearings or at trial with the consent…”
State v. Gutman, 670 P.2d 1166 (Alaska Ct. App. 1983). “We would encourage judges and magistrates who are requested to issue anticipatory search warrants to give serious consideration to the use of the approach suggested by Judge Blair, particularly in light of the newly adopted provisions of AS 12.35.015, which authorizes the…”
Gregg v. Gregg, 776 P.2d 1041 (Alaska 1989). “-010(b), AS 12.35.015(a); Alaska R.Crim.P. 38.1(b).”
Galbraith v. State, 693 P.2d 880 (Alaska Ct. App. 1985). “However, to the extent the provisions of section 18, enacted as AS 12.35.015, and section 40, enacted as AS 12.”
— Alaska Stat. § 12.35.015(a) — 2 cases
Burrece v. State, 976 P.2d 241 (Alaska Ct. App. 1999). “*245 Since the information which Trooper Bleicher provided was not the original application for the search warrant but was supplemental, in my view there is a serious question whether AS 12.35.015 required Judge Ashman to find, in order to proceed telephonically, that "the delay…”
Gregg v. Gregg, 776 P.2d 1041 (Alaska 1989). “-010(b), AS 12.35.015(a); Alaska R.Crim.P. 38.1(b).”
— Alaska Stat. § 12.35.015(a)(2) — 1 case
Burrece v. State, 976 P.2d 241 (Alaska Ct. App. 1999). “*245 Since the information which Trooper Bleicher provided was not the original application for the search warrant but was supplemental, in my view there is a serious question whether AS 12.35.015 required Judge Ashman to find, in order to proceed telephonically, that "the delay…”
— Alaska Stat. § 12.35.015(f) — 1 case
Burrece v. State, 976 P.2d 241 (Alaska Ct. App. 1999). “*245 Since the information which Trooper Bleicher provided was not the original application for the search warrant but was supplemental, in my view there is a serious question whether AS 12.35.015 required Judge Ashman to find, in order to proceed telephonically, that "the delay…”
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