Section 23A-35-4.2 - Facsimile transmission of affidavit in support of search warrant--Issue of search warrant--Proof of magistrate's signature.
23A-35-4.2. Facsimile transmission of affidavit in support of search warrant--Issue of search warrant--Proof of magistrate's signature. A committing magistrate may, by means of facsimile transmission, receive an affidavit in support of the issuance of a search warrant and may issue a search warrant by the same method. All applicable procedural and statutory requirements for the issuance of a warrant shall be met. For all procedural and statutory purposes, the facsimile shall have the same force and effect as the original. The original documents shall be filed with the court within five business days.
The officer executing the warrant shall receive proof that the committing magistrate has signed the warrant before the warrant is executed. Proof that the committing magistrate has signed the warrant may consist of receipt of the facsimile of the warrant.
Source: SL 1991, ch 452 (Supreme Court Rule 91-18).