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Search warrants, wiretaps and pen registers that capture phone numbers are an essential time-sensitive aspect of law enforcement and are a key element in many criminal cases. In response to the COVID-19 health emergency, the Eighth Judicial District Court Administrative Order 20-14 Electronic Filing of Applications for Search Warrants and Court Orders Nevada law allows for a peace officer to apply for a search warrant remotely through secure electronic transmission.

“In response to the COVID-19 health emergency, the Eighth Judicial District Court has implemented a series of administrative orders to implement social distancing, encouraged remote appearances, and suspended requirements to provide paper copies of documents,” District Court Chief Judge Linda Bell wrote in Administrative Order 20-14. “To continue to work efficiently and effectively and protect the health and wellbeing of our community through social distancing, I find that the District Court must streamline its process to electronically review applications for and issue search warrants, and to review applications for and issue orders for pen registers, trap and trace, stored communications, and communication interception.”

Additionally, the District Attorney and Attorney General or their deputies, supported by an affidavit of a peace officer, can apply to the district court for an order authorizing using a pen register, using a trap and trace device, or intercepting communications (wiretaps).

A judge may accept an electronic copy of the signature of any person required to give an oath or affirmation as part of an application submitted pursuant to this section as an original signature of the application.  In addition to warrants, pens and wiretaps, the Stored Communications Act allows for applications for orders for certain kinds of communications information. The collective group of items seeking information through the court order will now be referred to as “surveillance orders.”

Given the current health crisis and the law supporting electronic processing of warrants and surveillance orders, all law enforcement agencies applying for warrants or surveillance orders with a judge of the Nevada Eighth Judicial District Court shall do so electronically. Returns and orders will also be filed electronically as set out in Administrative Order 20-14. The applications must be made through a secure electronic transmission procedure. This new process will eliminate the need for in-person signatures and eliminate other logistical challenges, resulting in an expedited process that could save an estimated time of two hours per surveillance order.

All Nevada Eighth Judicial District Court administrative orders related to COVID-19 can  be found on the court website: HTTP://WWW.CLARKCOUNTYCOURTS.US/GENERAL/COURT-RULES-AND-ADMINISTRATIVE-ORDERS/#ADMINISTRATIVE%20ORDERS

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