Wash. Rev. Code » Title 10 · Chapter 10.79

Wash. Rev. Code § 10.79.035

Issuance of search warrants by magistrates

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(1) Any magistrate as defined by RCW 2.20.010, when satisfied that there is probable cause, may[,] upon application supported by oath or affirmation, issue a search warrant to search for and seize any: (a) Evidence of a crime; (b) contraband, the fruits of crime, or things otherwise criminally possessed; (c) weapons or other things by means of which a crime has been committed or reasonably appears about to be committed; or (d) person for whose arrest there is probable cause or who is unlawfully restrained.
(2) The application may be provided or transmitted to the magistrate by telephone, email, or any other reliable method.
(3) If the magistrate finds that probable cause for the issuance of a warrant exists, the magistrate must issue a warrant or direct an individual whom the magistrate authorizes to affix the magistrate's signature to a warrant identifying the property or person and naming or describing the person, place, or thing to be searched. The magistrate may communicate permission to affix the magistrate's signature to the warrant by telephone, email, or any other reliable method.
(4) The evidence in support of the finding of probable cause and a record of the magistrate's permission to affix the magistrate's signature to the warrant shall be preserved and shall be filed with the issuing court as required by CrRLJ 2.3 or CrR 2.3.
[ 2014 c 93 s 3.]

Notes:

Finding—Intent—2014 c 93: See note following RCW 2.20.030.
Notes of Decisions
Cited in 3 cases, 2015–2020 · leading case: State of Washington v. Stevens County District Court Judge
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State of Washington v. Stevens County District Court Judge (2019) washctapp “Although superior courts share authority to issue search warrants with courts of limited jurisdiction, see RCW 10.79.035 and RCW 2.20.030, a search warrant proceeding is distinct from a criminal trial and has no preclusive effect on the trial process.”
State Of Washington v. Rafael Meza (2015) washctapp “020 and RCW 10.79.035 contain similar requirements for search warrants.”
State Of Washington v. Gary Lee Brown, Jr. (2020) washctapp · cites it 2× “Violation of RCW 10.79.035 Brown asserts that he “was in County Jail for months, and nothing was filed for the issuance of a[n] arrest warrant” under RCW 10.”
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