1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1660 By: Weaver
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6 AS INTRODUCED
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7 An Act relating to search warrants; amending 22 O.S.
7 2021, Sections 1221, 1222, 1225, 1226, 1230, and
8 1233, which relate to definitions, issuance,
8 requisites, form, service, and return of search
9 warrants; authorizing search warrant for certain
9 purpose; requiring certain information in search
10 warrant; modifying form of search warrant under
10 certain circumstances; specifying timing of service
11 of certain search warrant; establishing requirements
11 for return of certain search warrant; making language
12 gender neutral; updating statutory language; and
12 providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 22 O.S. 2021, Section 1221, is
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17 amended to read as follows:
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18 Section 1221. A. A search warrant is an order in writing, in
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19 the name of the state, signed by a magistrate, directed to a peace
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20 officer, commanding him to search for personal property or to search
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21 for a person for whom an arrest warrant has been issued and bring it
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22 the property or person before the magistrate.
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23 B. For purposes of Sections 1221 through 1241 of this title,
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24 the term “personal property” or “property” shall mean items and
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 1 information that can be analyzed, seen, weighed, measured, felt or
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2 touched or that are in any other manner perceptible to the senses.
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3 SECTION 2. AMENDATORY 22 O.S. 2021, Section 1222, is
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4 amended to read as follows:
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5 Section 1222. A. A search warrant may be issued and property
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6 seized upon any of the following grounds:
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7 First: When the property was stolen or embezzled, in which case
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8 it may be taken on the warrant, from any house or other place in
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9 which it is concealed, or from the possession of the person by whom
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10 it was stolen or embezzled, or of any other person in whose
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11 possession it may be.
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12 Second: When it was used as the means of committing a felony,
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13 in which case it may be taken on the warrant from any house or other
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14 place in which it is concealed, or from the possession of the person
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15 by whom it was used in the commission of the offense, or of any
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16 other person in whose possession it may be.
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17 Third: When it is in the possession of any person, with the
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18 intent to use it as the means of committing a public offense, or in
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19 the possession of another to whom the person may have delivered it
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20 for the purpose of concealing it or preventing its being discovered,
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21 in which case it may be taken on the warrant from such person, or
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22 from a house or other place occupied by the person, or under the
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23 person’s control, or from the possession of the person to whom the
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24 person may have so delivered it.
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 1 Fourth: When the property constitutes evidence that an offense
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2 was committed or that a particular person participated in the
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3 commission of an offense.
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4 Fifth: When there is probable cause to believe that, at a
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5 future time, the property or items sought which are intended to be
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6 used to commit a public offense, will be located at a particular
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7 place. Under such circumstances, the magistrate shall insert a
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8 direction in the search warrant making execution of the warrant
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9 contingent upon the happening of an event which evidences probable
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10 cause that the item to be seized is in the place to be searched.
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11 Sixth: As authorized by any provision of the Security of
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12 Communications Act.
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13 B. A search warrant may be issued to allow peace officers to
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14 enter and search a residence in order to seize a person for whom an
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15 arrest warrant has been issued in cases where the residence to be
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16 searched is not the residence of the person for whom the warrant has
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17 been issued.
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18 SECTION 3. AMENDATORY 22 O.S. 2021, Section 1225, is
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19 amended to read as follows:
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20 Section 1225. A. If a magistrate be thereupon is satisfied of
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21 the existence of grounds of the application, or that there is
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22 probable cause to believe their existence, he must the magistrate
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23 shall issue a search warrant, signed by him, the magistrate with his
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24 the name of office, to a peace officer of this state, commanding him
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 1 forthwith the officer to search the person or place named, for the
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2 property or person specified, and to bring it before the magistrate,
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3 and also to arrest the person in whose possession the same property
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4 may be found, to be dealt with according to law.
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5 B. In addition to any other procedure authorized by law, a
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6 proposed search warrant, affidavit or both search warrant and
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7 affidavit may be communicated to the magistrate by telephone or by
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8 electronic mail or any similar electronic communication which
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9 delivers a complete printable image of the warrant or affidavit.
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10 1. If the proposed search warrant is communicated
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11 telephonically, the affiant shall:
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12 a. recite information establishing probable cause to
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13 support issuance of the search warrant, and
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14 b. recite the proposed search warrant to the magistrate
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15 verbatim and obtain the oral permission of the
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16 magistrate to print the name of the magistrate on the
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17 search warrant along with the date and time of the
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18 signature.
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19 The oral recorded authorization of the magistrate to print the
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20 name of the magistrate on the search warrant shall constitute
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21 issuance of the search warrant under this section. The conversation
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22 establishing probable cause, reciting the contents of the search
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23 warrant verbatim and any authorization to sign by the magistrate
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 1 shall be audio-recorded, transcribed and filed together with the
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2 warrant in accordance with Section 1223.1 of this title.
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3 2. If communication of the proposed affidavit is made by
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4 electronic mail or other electronic communication, the affidavit may
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5 contain a notarized acknowledgement or the affiant may swear to the
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6 affidavit by telephone. A magistrate administering an oath
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7 telephonically shall endorse upon the face of the affidavit the date
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8 and time which the affiant undertook the oath by telephone.
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9 a. A warrant may be issued by the magistrate pursuant to
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10 this subsection by physically signing a printed copy
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11 of the affidavit and proposed warrant and transmitting
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12 said documents back to the affiant by electronic mail
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13 or other electronic communication. The printed copy
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14 received by the affiant shall constitute a search
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15 warrant and be executed as such. After execution, the
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16 search warrant shall be filed along with the printed
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17 copy of the affidavit received by the affiant, as
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18 provided for in Section 1233 of this title.
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19 b. A magistrate may also issue a warrant pursuant to this
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20 paragraph without printing and signing a physical copy
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21 of the affidavit and warrant by return electronic
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22 communication to the affiant authorizing issuance of
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23 the warrant as submitted, or as modified by the
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24 magistrate, provided a copy of the modified document
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 1 is included with the return electronic communication
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2 to the affiant.
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3 C. A search warrant authorized by this section may be issued by
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4 any magistrate for a search of a person or property within the
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5 judicial district in which the magistrate presides or outside the
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6 judicial district if there was probable cause to believe the
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7 property was within the judicial district when the warrant was
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8 sought, but moved outside the judicial district before the warrant
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9 was executed.
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10 SECTION 4. AMENDATORY 22 O.S. 2021, Section 1226, is
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11 amended to read as follows:
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12 Section 1226. The warrant must be in substantially the
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13 following form:
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14 County of _______________
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15 In the name of the State of Oklahoma. To any peace officer of
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16 this state.
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17 Probable cause having been shown on this date before me, by
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18 (name every officer and person who has made affidavit or given oral
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19 testimony supplementing an affidavit) for believing the following
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20 property (describe the property) or person for whom an arrest
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21 warrant has been issued (describe the person and the court from
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22 which the arrest warrant has been issued) is located at (specify the
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23 location where the property is shown to be).
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 1 You are therefore commanded, in the daytime (or “at any time of
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2 the day or night,” as the case may be, according to Section 1230, as
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3 amended, of Title 22 of the Oklahoma Statutes), to make immediate
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4 search on the person of C.D. (or “in the house situated,” describing
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5 it, or any other place to be searched, with reasonable
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6 particularity, as the case may be), for the following property
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7 (describing it with reasonable particularity) or person for whom an
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8 arrest warrant has been issued (describe the person and the court
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9 from which the arrest warrant has been issued), and if you find the
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10 same, or any part thereof to bring it forthwith before me, at
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11 (stating the place) or before a magistrate who presides in the
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12 judicial district in which the property or person was found and
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13 seized.
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14 Dated at _______________ the _____ day of _______________, 19
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15 20___.
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16 ______________________________
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17 (Signature of Judge)
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18 ______________________________
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19 (Judge’s Official Designation)
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20 SECTION 5. AMENDATORY 22 O.S. 2021, Section 1230, is
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21 amended to read as follows:
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22 Section 1230. Search warrants for occupied dwellings shall be
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23 served between the hours of six o’clock a.m. and ten o’clock p.m.,
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 1 inclusive, unless the judge finds the existence of at least one of
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2 the following circumstances:
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3 1. The evidence or person is located on the premises only
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4 between the hours of ten o’clock p.m. and six o’clock a.m.;
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5 2. The search to be performed is a crime scene search;
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6 3. The affidavits be positive that the property is on the
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7 person, or in the place to be searched and the judge finds that
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8 there is likelihood that the property named in the search warrant
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9 will be destroyed, moved or concealed; or
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10 4. The search to be performed is a search for evidence relating
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11 to the illegal manufacture of methamphetamine or other controlled
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12 dangerous substance.
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13 If any of the above criteria are met the judge may insert a
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14 direction that the warrant be served at any time of the day or
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15 night. Search warrants for sites other than occupied dwellings may
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16 be served at any time of the day or night without a special
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17 direction.
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18 SECTION 6. AMENDATORY 22 O.S. 2021, Section 1233, is
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19 amended to read as follows:
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20 Section 1233. A. Any peace officer who executes a search
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21 warrant must forthwith return the warrant to the magistrate who
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22 authorized the warrant or to a magistrate who presides in the
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23 judicial district in which the property was found and seized
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24 together with a written inventory of the property taken, which shall
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 1 be made publicly, or in the presence of the person from whose
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2 possession it was taken and of the applicant for the warrant, if
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3 they be present, verified by the affidavit of the officer, and taken
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4 before the magistrate, to the following effect:
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5 I, A. B., the officer by whom this warrant was executed, do
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6 swear that the above inventory contains a true and detailed account
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7 of all the property taken by me on the warrant.
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8 B. Any peace officer who executes a search warrant to search a
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9 third-party residence for a person with an outstanding warrant must
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10 forthwith return the search warrant to the magistrate who authorized
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11 the warrant or to a magistrate who presides in the judicial district
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12 in which the person was found by filing an arrest and booking
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13 affidavit or by filing a separate return identifying the person and
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14 the location where the person was found, verified by the affidavit
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15 of the officer, and taken before the magistrate, to the following
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16 effect:
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17 I, A. B., the officer by whom this warrant was executed, do
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18 swear that the above contains the true name and location of arrest
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19 for the person arrested by me pursuant to the warrant.
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20 SECTION 7. This act shall become effective November 1, 2024.
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22 59-2-2671 TEK 1/16/2024 12:49:01 PM
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