04D

D. Warrants, wiretaps and related materials

D. Warrants, wiretaps and related materials

Overview

Alaska

There is no further information for the state regarding these rules, but Alaska federal courts do follow precedent set by the ninth circuit.

D. Warrants, wiretaps and related materials

Overview

New Mexico

Under the Abuse of Privacy Act, recordings of court ordered wiretaps are not public records unless such recordings are played or utilized in open court in criminal or civil actions. State ex rel. Bingaman v. Brennan, 645 P.2d 982 (N.M. 1982). Physical evidence, documents, wiretaps and video recordings which are not marked as exhibits or received into evidence are not “public records,” nor are items submitted for court examination for in camera inspection. N.M.S.A. 1978, §§ 30-12-1 to 30-12-14; Rules of Evid., Rule 510(c).

D. Warrants, wiretaps and related materials

Overview

Alabama

Arrest warrants and search warrants, with supporting affidavits and depositions, are open after execution and return. 197 Op. Att’y Gen. Ala. 13 (Oct. 10, 1984).

D. Warrants, wiretaps and related materials

Overview

Kentucky

In Kentucky's state courts, warrants, returns on warrants, and copies of the complaint or affidavit pursuant to which warrants are issued are to be returned to the issuing court "within a reasonable time" of a warrant's execution. Ky. R. Crim. P. 2.12(1). Returned warrants and accompanying materials are generally available to the public as court records.

D. Warrants, wiretaps and related materials

Overview

Wyoming

All information filed with the court for the purpose of obtaining a search warrant, including affidavits, are confidential until such time as the warrant is executed. Wyoming Rules of Criminal Procedure Rule 41(i).