March 17, 1977
|FROM:||Neal Forney, Assistant Director|
|RE:||Record of Search Warrants to be Kept by Magistrates for Three Years|
The General Assembly has enacted in S.C. Code Ann. § 17-13-141 that magistrates issuing search warrants shall keep a record along with a copy of the returned search warrants and supporting affidavits and documents for a period of three years from the date of the issuance of the warrants. The record of search warrants that have been issued by magistrates must be kept on a form prescribed by the Attorney General. The form that has been prescribed by the Attorney General for use by magistrates is as follows:
PRESCRIBED FORM OF THE ATTORNEY GENERAL
Record of Search Warrants
Records of search warrants are to be kept in a permanent type ledger book with sufficient columns for these headings:
1. Date and exact time of issuance. 2. Name of person to whom warrant issued. 3. Name of person whose property is to be searched, or, if unknown, description of person and address of property to be searched. 4. Reason for issuing warrant. 5. Description of article sought in search. 6. Date and time of return.
Magistrates should take notice that § 17-13-141 requires records to be kept about search warrants by magistrates provides a criminal penalty for any person who alters or fails to keep the record on the prescribed form of the Attorney General.