(Rule 41(c)(2)) Oral testimony as basis for warrant--Transcription, certification
and filing with court.
When circumstances make it reasonable to do so in the absence of a written
affidavit, a search warrant may be issued upon sworn oral testimony of a person who is not in the
physical presence of a committing magistrate if the committing magistrate is satisfied that probable
cause exists for the issuance of the warrant. The sworn oral testimony may be communicated to the
magistrate by telephone or other appropriate means and shall be recorded and transcribed. After
transcription the statement must be certified by the magistrate and filed with the court. This
statement shall be deemed to be an affidavit for purposes of § 23A-35-4.
Source: SL 1978, ch 178, § 442.