16. Warrants/Search Warrants Q&A
1. For criminal cases, will prosecutors need to file a redacted and non-redacted subpoena so that the witnesses address is not public?
Subpoenas are filed will default to a security level 3.
2. Search warrants are a level 6 and then a 1 when returned. The inventory is then at 1. Will this stay at a 1?
The security level search warrant return & inventory has been approved to be raised to a security level 3.
3. Would search warrants that have not been sealed, still be seen by the public after the ten-day schedule?
The case will be seen by the public however, the search warrant security level has been changed to a level 3. Prosecutors submitted this request to the State Judicial Records Committee (SJRC).
4. What is the point of the warrant having two parts? The warrant and the law enforcement cover sheet?
The change was made to comply with the rule changes. The warrant generated in Show-Me Courts (SMC) in two parts in order to apply the correct security level to the document that contains personal identifying information. The warrant cover page includes personal identifying information and will be generated with a security level 3 whereas the warrant does not contain PII and will generate at a level 1. The return for law Enforcement is on the warrant and without the confidential information, LE will not have to redact the document when it is filed with the court.
5. Will the confidential cover sheet be automatically saved at a level 3 security or will the clerk have to manually change the security to a 3? Since both the warrant and the cover sheet both get saved using Warrant Issued docket code, we are hoping that somehow SMC will know it is a cover sheet will automatically save it as a 3, and it won't be the clerk's responsibility to change it.
Yes, the documents will be generated with the appropriate security codes. Warrants generated in SMC will generate a cover page that contains personal identifying information with a security level of 3 (confidential) while the warrant will generate separately with a security level of 1 (public document). Law enforcement should serve both documents on the defendant however will file the warrant with the court.
6. Warrants will be prepared in two parts. A confidential sheet and the actual warrant that has had the confidential information removed. BUT, after July 1, how do we accept the warrants that are returned to us by our Sheriff's Department FOR WARRANTS THAT WERE PREPARED PRIOR TO THE NEW WARRANTS? For example: We have an old warrant from 2019 that is finally served, the Sheriff's Department files the return after July 1st and it has confidential info on it.
The filing party (sheriff) will be responsible for redacting personal identifying information on documents filed with the court or your court could consider an administrative order raising the security level of those documents.
7. Should the prosecuting attorney's office be filling out the Warrant for Arrest - SJRC (03-23) CR240 (ARWA) and the Confidential Cover Sheet - SJRC (03-23) CR242 and filing these specific docs with the court along with the Information and Probable Cause?
It is recommended that the courts generate the warrants and the cover sheets. If the prosecutor prepares the warrants for after hours and weekends, the prosecutor should use the same documents in order to ensure that confidential information is not on the public document.
8. Will we need to provide the judge both the confidential sheet and the warrant to approve or just the warrant?
Because Show-Me Courts will generate two documents (warrant and warrant cover page) it is suggested that courts provide both documents with the judge.
9. Our Sheriff is saying they don't need to serve the confidential cover sheet for warrant as that document is just for their use. They only need to serve the Warrant for Arrest because the defendant already knows their personal info and doesn't need that sheet. Is this correct?
The cover sheet is to ensure the correct defendant is served the warrant, which is why it is necessary to have the cover page and the warrant. The defendant could be John Doe Sr., John Doe Jr. or John Doe, III. While not required, it does seem to be the best practice that they serve both documents on the defendant. However, that is a decision to be made by law enforcement. Once served, only the warrant should be filed with the court.
10. How will e-warrants be handled?
E-Warrants will be handled the same as they have been. The PDF that is created goes through the highway patrol e-warrant process. The PDF will have both pages: the warrant and the cover sheet.
11. Does the Law Enforcement need to keep the cover sheet or can they get rid of it?
Law enforcement would only need records according to its document retention policies.
12. When the courts file the warrant as served in the case, will the courts need to change the level of security. Will the sheriff’s department have a section to sign that it was served on the cover sheet of the warrant?
No, not if the warrant was generated after July 1, 2023, using the new warrant and cover sheet. The service return is on the warrant itself and that will not contain personal identifying information (PII).
13. Arrest warrants, complaints, information, probable cause, statements filing sheets are they going to be redacted by the circuit attorneys?
The filing party is responsible for redacting personal identifying information.
14. On a secret indictment the level is a 6 when the warrant is served will the level go down to a 3. As of now it becomes a level 1.
The case will still be changed to a level 1.
Subpoenas are filed will default to a security level 3.
2. Search warrants are a level 6 and then a 1 when returned. The inventory is then at 1. Will this stay at a 1?
The security level search warrant return & inventory has been approved to be raised to a security level 3.
3. Would search warrants that have not been sealed, still be seen by the public after the ten-day schedule?
The case will be seen by the public however, the search warrant security level has been changed to a level 3. Prosecutors submitted this request to the State Judicial Records Committee (SJRC).
4. What is the point of the warrant having two parts? The warrant and the law enforcement cover sheet?
The change was made to comply with the rule changes. The warrant generated in Show-Me Courts (SMC) in two parts in order to apply the correct security level to the document that contains personal identifying information. The warrant cover page includes personal identifying information and will be generated with a security level 3 whereas the warrant does not contain PII and will generate at a level 1. The return for law Enforcement is on the warrant and without the confidential information, LE will not have to redact the document when it is filed with the court.
5. Will the confidential cover sheet be automatically saved at a level 3 security or will the clerk have to manually change the security to a 3? Since both the warrant and the cover sheet both get saved using Warrant Issued docket code, we are hoping that somehow SMC will know it is a cover sheet will automatically save it as a 3, and it won't be the clerk's responsibility to change it.
Yes, the documents will be generated with the appropriate security codes. Warrants generated in SMC will generate a cover page that contains personal identifying information with a security level of 3 (confidential) while the warrant will generate separately with a security level of 1 (public document). Law enforcement should serve both documents on the defendant however will file the warrant with the court.
6. Warrants will be prepared in two parts. A confidential sheet and the actual warrant that has had the confidential information removed. BUT, after July 1, how do we accept the warrants that are returned to us by our Sheriff's Department FOR WARRANTS THAT WERE PREPARED PRIOR TO THE NEW WARRANTS? For example: We have an old warrant from 2019 that is finally served, the Sheriff's Department files the return after July 1st and it has confidential info on it.
The filing party (sheriff) will be responsible for redacting personal identifying information on documents filed with the court or your court could consider an administrative order raising the security level of those documents.
7. Should the prosecuting attorney's office be filling out the Warrant for Arrest - SJRC (03-23) CR240 (ARWA) and the Confidential Cover Sheet - SJRC (03-23) CR242 and filing these specific docs with the court along with the Information and Probable Cause?
It is recommended that the courts generate the warrants and the cover sheets. If the prosecutor prepares the warrants for after hours and weekends, the prosecutor should use the same documents in order to ensure that confidential information is not on the public document.
8. Will we need to provide the judge both the confidential sheet and the warrant to approve or just the warrant?
Because Show-Me Courts will generate two documents (warrant and warrant cover page) it is suggested that courts provide both documents with the judge.
9. Our Sheriff is saying they don't need to serve the confidential cover sheet for warrant as that document is just for their use. They only need to serve the Warrant for Arrest because the defendant already knows their personal info and doesn't need that sheet. Is this correct?
The cover sheet is to ensure the correct defendant is served the warrant, which is why it is necessary to have the cover page and the warrant. The defendant could be John Doe Sr., John Doe Jr. or John Doe, III. While not required, it does seem to be the best practice that they serve both documents on the defendant. However, that is a decision to be made by law enforcement. Once served, only the warrant should be filed with the court.
10. How will e-warrants be handled?
E-Warrants will be handled the same as they have been. The PDF that is created goes through the highway patrol e-warrant process. The PDF will have both pages: the warrant and the cover sheet.
11. Does the Law Enforcement need to keep the cover sheet or can they get rid of it?
Law enforcement would only need records according to its document retention policies.
12. When the courts file the warrant as served in the case, will the courts need to change the level of security. Will the sheriff’s department have a section to sign that it was served on the cover sheet of the warrant?
No, not if the warrant was generated after July 1, 2023, using the new warrant and cover sheet. The service return is on the warrant itself and that will not contain personal identifying information (PII).
13. Arrest warrants, complaints, information, probable cause, statements filing sheets are they going to be redacted by the circuit attorneys?
The filing party is responsible for redacting personal identifying information.
14. On a secret indictment the level is a 6 when the warrant is served will the level go down to a 3. As of now it becomes a level 1.
The case will still be changed to a level 1.
15. What about warrant recalls? When generated, the redacted and unredacted versions appear together in 1 Microsoft word document. How do we go about attaching these to the recall code to send electronically to dispatch? Specifically, what security levels are to be used for the redacted and unredacted versions?
The redacted document would be a level one document, the unredacted document is level 3. If you are generating the document in doc gen the system puts them on the docket code automatically at the correct security level. If you are printing and manually entering them, you would need to reattach them to the recall docket code and enter the correct security level. Please contact the CBS Criminal Unit for further or more detailed instructions.
November 16, 2023