04D

Overview

New York

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).

Overview

Arizona

Overview

Massachusetts

Newspapers of New England, Inc. v. Clerk-Magistrate, 531 N.E.2d 1261 (Mass. 1988). Public has no right of access under First Amendment to a search warrant affidavit prior to an indictment or a criminal proceeding in which the affidavit is in issue.

Overview

Ohio

Overview

MASTER

The Supreme Court has not ruled on the public right of access to applications for search warrants, supporting affidavits, or returns. Indeed, federal appellate courts disagree about whether the public has a right of access to these documents. See, e.g., Times Mirror Co. v. U.S., 873 F.2d 1210, 1211 (9th Cir. 1989) (“members of the public have no right of access to search warrant materials while a pre-indictment investigation is under way”); In re Application and Affidavit for a Search Warrant, 923 F.2d 324, 326 (4th Cir.

Overview

D.C. Cir.

There is a common law right of access to transcripts of tape recordings introduced into evidence at criminal trial, and such access should occur as soon as practicable after, if not simultaneously with, transcripts' presentation to jury. In re News World Communications Inc., 17 Med.L.Rptr. 1001 (D.D.C.

Overview

California

Overview

Maryland

Overview

Oklahoma

Search warrants and supporting affidavits are presumptively open, and can be sealed from public access only if there is a compelling need, less restrictive means (such as redaction) are considered, and access is denied for no more than a reasonable time. Sloan v. Sprouse, 1998 OK CR 56, 968 P.2d 1254.