{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1225","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1225","heading":"Requisites of search warrant - Issuing magistrate","body":"A. If a magistrate is satisfied of the existence of grounds of\n\nthe application, or that there is probable cause to believe their\n\nexistence, the magistrate shall issue a search warrant, signed by\n\nthe magistrate with the name of office, to a peace officer of this\n\nstate, commanding the officer to search the person or place named,\n\nfor the property or person specified, and to bring it before the\n\nmagistrate, and also to arrest the person in whose possession the\n\nproperty may be found, to be dealt with according to law.\n\nB. In addition to any other procedure authorized by law, a\n\nproposed search warrant, affidavit or both search warrant and\n\naffidavit may be communicated to the magistrate by telephone or by\n\nelectronic mail or any similar electronic communication which\n\ndelivers a complete printable image of the warrant or affidavit.\n\n1. If the proposed search warrant is communicated\n\ntelephonically, the affiant shall:\n\na. recite information establishing probable cause to\n\nsupport issuance of the search warrant, and\n\nb. recite the proposed search warrant to the magistrate\n\nverbatim and obtain the oral permission of the\n\nmagistrate to print the name of the magistrate on the\n\nsearch warrant along with the date and time of the\n\nsignature.\n\nThe oral recorded authorization of the magistrate to print the\n\nname of the magistrate on the search warrant shall constitute\n\nissuance of the search warrant under this section. The conversation\n\nestablishing probable cause, reciting the contents of the search\n\nwarrant verbatim and any authorization to sign by the magistrate,\n\nshall be audio-recorded, transcribed and filed together with the\n\nwarrant in accordance with Section 1223.1 of this title.\n\n2. If communication of the proposed affidavit is made by\n\nelectronic mail or other electronic communication, the affidavit may\n\ncontain a notarized acknowledgement or the affiant may swear to the\n\naffidavit by telephone. A magistrate administering an oath\n\ntelephonically shall endorse upon the face of the affidavit the date\n\nand time which the affiant undertook the oath by telephone.\n\na. A warrant may be issued by the magistrate pursuant to\n\nthis subsection by physically signing a printed copy\n\nof the affidavit and proposed warrant and transmitting\n\nsuch documents back to the affiant by electronic mail\n\nor other electronic communication. The printed copy\n\nreceived by the affiant shall constitute a search\n\nwarrant and be executed as such. After execution, the\n\nsearch warrant shall be filed along with the printed\n\ncopy of the affidavit received by the affiant, as\n\nprovided for in Section 1233 of this title.\n\nb. A magistrate may also issue a warrant pursuant to this\n\nparagraph without printing and signing a physical copy\n\nof the affidavit and warrant by return electronic\n\ncommunication to the affiant authorizing issuance of\n\nthe warrant as submitted, or as modified by the\n\nmagistrate, provided a copy of the modified document\n\nis included with the return electronic communication\n\nto the affiant.\n\nC. A search warrant authorized by this section may be issued by\n\nany magistrate for a search of a person or property within the\n\njudicial district in which the magistrate presides or outside the\n\njudicial district if there was probable cause to believe the\n\nproperty was within the judicial district when the warrant was\n\nsought, but moved outside the judicial district before the warrant\n\nwas executed.\n\nR.L. 1910, § 6063. Amended by Laws 1982, c. 224, § 2; Laws 1990, c.\n\n290, § 1, eff. Sept. 1, 1990; Laws 2014, c. 75, § 2, eff. Nov. 1,\n\n2014; Laws 2024, c. 39, § 3, eff. Nov. 1, 2024.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"07227a41dae5c0db57019c17f9ea6b8212e88a5613b583c5ffe02704e35a02fc","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1224.2","next":"us-ok/okla.-stat.-tit.-22-22-1226"},"notice":"GroundRules: Original legal text. Not legal advice."}