Rhode Island General Laws
R.I. Gen. Laws § 12-5-1 (2026)
Authority to issue
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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(a) A search warrant may be issued by any judge of the district court. Nothing contained in this chapter shall be so construed as to restrain the power of the justices of the supreme or superior courts by virtue of § 8-3-6 to issue a search warrant.
(b) Nothing contained in this chapter shall be so construed as to restrain the power of the justices of the family court by virtue of §§ 8-10-3, 8-10-4, 8-10-38, and 11-9-9 to issue a search warrant.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1993–2022 · leading case: State v. DiStefano, 764 A.2d 1156 (R.I. 2000).
State v. DiStefano, 764 A.2d 1156 (R.I. 2000). “1 does preclude law enforcement from obtaining a search warrant, is this an unconstitutional limitation on the judicial authority to issue search warrants as provided in Article 5 of the Rhode Island Constitution and R.I. Gen. Laws § 12-5-1?" RHODE ISLAND'S DRUNK-DRIVING LAWS …”
State v. Nunez, 634 A.2d 1167 (R.I. 1993). “1966 (1981 Reenactment) § 12-5-1 and Rule 41(a) of the Superior Court Rules of Criminal Procedure empower only active judges with the authority to issue search warrants.”
State v. Deric S. McGuire, 273 A.3d 146 (R.I. 2022). “See G.L. 1956 § 12-5-1. The distinction between search warrants and wiretaps was markedly drawn in In re United States, cited supra, as follows: “A wiretap may capture the intimate details of a person’s life over an extended period of time without that person’s knowledge.”
State v. Malcolm Querido, 229 A.3d 410 (R.I. 2020). “2004) (“[G.L. 1956 § 12-5-1(a) and G.L. 1956 § 8-3-6 vest the justices of the District and Superior Courts with the authority to issue search warrants.”
State v. Malcolm Querido, 229 A.3d 410 (R.I. 2020). “2004) (“[G.L. 1956 § 12-5-1(a) and G.L. 1956 § 8-3-6 vest the justices of the District and Superior Courts with the authority to issue search warrants.”
R.I. Gen. Laws § 12-5-1(a): 2 cases
State v. Malcolm Querido, 229 A.3d 410 (R.I. 2020). “2004) (“[G.L. 1956 § 12-5-1(a) and G.L. 1956 § 8-3-6 vest the justices of the District and Superior Courts with the authority to issue search warrants.”
State v. Malcolm Querido, 229 A.3d 410 (R.I. 2020). “2004) (“[G.L. 1956 § 12-5-1(a) and G.L. 1956 § 8-3-6 vest the justices of the District and Superior Courts with the authority to issue search warrants.”
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