04D

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

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