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H 8088Criminal Procedure

Criminal Procedure - Search Warrants

This bill allows police to obtain electronic search warrants for serious driving offenses when courts are closed.

Held for study
Population
Affected
15
Email Legislator
Introduced Feb 27, 2026Committee House Judiciary

Plain-English Summary

This legislation amends Rhode Island law regarding the issuance of search warrants. It expands the authority to request warrants to include sworn law enforcement members serving on statewide task forces. Additionally, it establishes a specific protocol for issuing search warrants via electronic means (digital transmission and telephonic oaths) for serious driving offenses involving death or serious bodily injury, such as DUI or reckless driving. These electronic warrants are restricted to times when the court is not in session, such as weekends, holidays, or emergencies.

For younger readers

When police suspect a crime, they usually need a special permission slip from a judge, called a warrant, to search for evidence. Typically, they have to meet the judge in person. This new rule says that if there is a very bad car accident where someone is hurt badly or dies, and the court buildings are closed (like at night or on weekends), the police can use a computer to send the papers to the judge. The judge can make a promise to tell the truth over the phone and sign the permission slip electronically.

Who & Where It Applies

Impacted groups
Police OfficersJudges/MagistratesDriversCriminal Defense AttorneysVictims of Vehicular Crimes
Impacted communities
All

Constitutional & Fiscal Check

None Likely. Courts generally uphold electronic warrants provided the oath or affirmation requirement of the 4th Amendment is met. The bill specifically mandates that the affidavit be sworn to via a method that includes "spoken real-time communication," satisfying the constitutional requirement for an oath. As long as the "electronic signature" procedures are secure, this aligns with modern interpretation of search and seizure law.

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Ensures accountability for dangerous drivers who cause death or serious injury by streamlining the collection of time-sensitive evidence, such as blood alcohol content.
  • Modernizes the judicial process to improve the efficiency of the justice system, ensuring that victims of vehicular crimes receive timely justice.
  • Maintains judicial oversight by requiring a judge (judicial officer) to review the probable cause and sign the warrant, rather than allowing warrantless searches.
  • Expands police power by authorizing task force members to request warrants, potentially increasing the scope of policing and surveillance.
  • The shift to electronic and telephonic oaths may reduce the solemnity and scrutiny of the warrant application process compared to in-person appearances, potentially endangering due process.
  • Could be viewed as a slippery slope toward broader use of electronic warrants for less serious offenses, eroding privacy protections over time.
For Conservatives
  • Empowers law enforcement with the tools necessary to quickly secure evidence in severe criminal cases, supporting law and order.
  • Increases government efficiency by utilizing technology to reduce bureaucratic delays when courts are closed.
  • Ensures that individuals who commit serious crimes like vehicular homicide cannot escape prosecution due to procedural delays in obtaining a warrant.
  • Removes the traditional requirement of facing a judge in person, which could be interpreted as weakening the checks and balances on government search powers.
  • Expands the number of government agents authorized to intrude on private property by including statewide task force members.
  • Creates a system that relies on electronic verification, which could be susceptible to technical errors or abuse, threatening individual privacy rights.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 30 additions · 1 deletion

It is enacted by the General Assembly as follows:

SECTION 1. Section 12-5-3 of the General Laws in Chapter 12-5 entitled "Search Warrants" is hereby amended to read as follows: 12-5-3. Issuance and contents.

(a) A warrant shall issue only upon complaint in writing, which may be transmitted by electronic means to an authorized judicial officer in accordance with the provisions of subsection

(b) of this section, under oath of:

(1) A chief of police, deputy chief of police or other members of the police force of any city or town, or deputy sheriff of any county, member of the division of state police, full time conservation officer of the department of environmental management, or other person specifically authorized by law to bring complaints for violation of the law which it is his or her responsibility to enforce;

(2) Additionally, in the case of property stolen, embezzled, or obtained by fraud or false pretenses, any person who has a right to the possession of the property.

(3) Additionally, a sworn law enforcement member of any city or town where that member is serving on a statewide task force.

(b) A warrant may be issued by electronic means solely for the search and seizure of evidence relating to the commission of the following offenses:

(1) Driving so as to endanger, resulting in death, pursuant to § 31-27-1;

(2) Driving so as to endanger, resulting in serious bodily injury, pursuant to § 31-27-1.1;

(3) Driving under the influence of liquor or drugs, resulting in death, pursuant to § 31-27- 2.2;

(4) Driving under the influence of liquor or drugs, resulting in serious bodily injury, pursuant to § 31-27-2.6;

(c) Warrants issued pursuant to this section shall not be issued outside of normal court hours on weekdays, weekends, holidays, or other times when the court is not in session when by reason of emergency or administrative order.

(d) When a duly authorized person requests the issuance of a warrant by electronic means, the judicial officer may issue a warrant based upon information communicated electronically as follows:

(1) Upon being notified that a warrant is sought by electronic means, the judicial officer shall direct the applicant to transmit a complaint, affidavit and search warrant electronically to the judicial officer. The affidavit shall be sworn to or affirmed by administration of the oath or affirmation telephonically or by other electronic method that includes spoken real-time communication with the judicial officer. The administration of the oath or affirmation need not be part of the affidavit or recorded; however, the judicial officer shall note on the affidavit that the oath or affirmation was administered.

(2) In the event the judicial officer proceeds to issue a warrant under this subsection, the judicial officer shall electronically sign the complaint, search warrant and affidavit. The judicial officer shall record the date and time of issuance on the search warrant and transmit the electronically signed documents to the applicant by reliable electronic means. (b)(e) Within fourteen (14) days of the issuance of any warrant under this chapter, whether or not executed, the warrant, accompanied by any supporting affidavits and an inventory of any property seized, shall be returned to the district court having jurisdiction over the place of the search or, in the event of a warrant that is not executed, the court from which it was issued. The returns shall be maintained by the district court according to the date of issuance. If not otherwise indicated, the return shall note whether the warrant was executed.

SECTION 2. This act shall take effect upon passage.