IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR HARDEE, HIGHLANDS & POLK COUNTIES

ADMINISTRATIVE ORDER NO. 2-13.1

ISSUANCE OF SEARCH WARRANTS

WHEREAS the State Attorney is charged with the responsibility of prosecuting all crimes within this Circuit and to that end it is reasonable and just that the State Attorney have opportunity to review all affidavits made for the issuance of search warrants as well as to review all search warrants for the purpose of determining the legal sufficiency of each, and

WHEREAS it is in order to provide for uniformity in connection with the issuance of all search warrants, it is, therefore,

ORDERED as follows:

1. Any Circuit or County Judge may receive for consideration affidavits or applications for search warrants. The State Attorney or an Assistant State Attorney shall review the affidavit or application prior to its presentment to a Judge. The affidavit or application must be initialed by the State Attorney or an Assistant State Attorney or contain a statement by a law enforcement officer that it has been approved by the State Attorney or an Assistant State Attorney.

2. The State Attorney shall advise all law enforcement agencies within the Tenth Judicial Circuit of the names and telephone numbers of Assistants in the various areas of this Circuit who will be available to review affidavits and forms of search warrants prior to presentment to a judge during other than normal working hours. A current listing with the Sheriff of each County within the Circuit shall be deemed sufficient for this purpose.

3. All original applications for search warrants will be retained by the issuing Judge in a place secure from unauthorized inspection.

4. When a search warrant is returned to the issuing Judge, the search warrant shall be attached to the original affidavit or application and the date and time of return be endorsed on the search warrant, and both such documents shall be delivered promptly to the Criminal Intake Division of the State Attorney's Office.

5. Upon receipt of the affidavit and search warrant, the Criminal intake Division will associate them with the correct case file (if any) and make a copy of them for the State Attorney's files.

6. Thereafter, the Criminal Intake Division will deliver the original affidavit and search warrant to the Clerk of the Circuit Court for filing in the appropriate case file, if any.

7. This Order revokes and supercedes Amended Administrative Order No. 2-13.0.

DONE AND ORDERED on this 20th day of May, 1993.

RANDALL G. MCDONALD

Chief Judge

Distribution: 'A' through 'F'

Chiefs of Police, Tenth Circuit