Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 2 - INVESTIGATIONS
Part A - Search Warrant
Rule 211 - Sealing Search Warrant Affidavits
Current through Register Vol. 54, No. 12, March 23, 2024
(A) At the request of the attorney for the Commonwealth, a search warrant affidavit may be sealed upon good cause shown.
(B) When the attorney for the Commonwealth intends to request that the search warrant affidavit(s) be sealed,
(C) When the justice or judge issues the search warrant and seals the search warrant affidavit(s), he or she shall also certify on the face of the warrant that for good cause shown the affidavit(s) is sealed and shall state the length of time the affidavit(s) will be sealed.
(D) When the search warrant is issued, the sealed affidavit(s) shall be filed with the clerk of courts in the judicial district in which the search warrant is to be executed, unless otherwise ordered by the justice or judge.
(E) The affidavit shall be sealed for a period of not more than 60 days, unless the time period is extended as provided in paragraph (F) or paragraph (H).
(F) Upon motion of the attorney for the Commonwealth for good cause shown, the justice or judge who issued the search warrant may extend the period of time that the affidavit(s) will remain sealed. If the justice or judge is unavailable, another justice or judge shall be assigned to decide the motion.
(G) Upon motion for good cause shown, the justice or judge may grant an unlimited number of extensions of the time that the affidavit(s) shall remain sealed. Each extension shall be for a period of not more than 30 days.
(H) When criminal proceedings are instituted as a result of the search,
(I) If the motion requesting any extension pursuant to paragraphs (F) or (H) is granted, the motion and any record of the hearing on the motion shall be sealed and transmitted with the extension order to the clerk of courts.
(J) When the order sealing the affidavit(s) and any extensions thereof expires, the clerk of courts shall make the affidavit(s) available for public inspection.