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Pa. R.Crim.P. 204

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Rule 204 Person to Serve Warrant

Chapter 2: Investigations

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Rule Text

A search warrant shall be served by a law enforcement officer.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

A search warrant can only be carried out by a law enforcement officer. Regular citizens or private individuals cannot serve a search warrant.

If police have a warrant to search your home or property, an officer must be the one to show up and carry it out. No other person is allowed to do this job.

Committee Notes

No specific person need be designated in the warrant. However, only a law enforcement officer can properly serve a search warrant.

For the requirements when a law enforcement officer executes a search warrant beyond the territorial limits of the officer’s primary jurisdiction, see Section 8953 of the Judicial Code, 42 Pa.C.S. § 8953. See also Commonwealth v. Mason, 490 A.2d 421 (Pa. 1985).

Rule 2004 adopted March 28, 1973, effective 60 days hence; Comment revised August 9, 1994, effective January 1, 1995 ; renumbered Rule 204 and Comment revised March 1, 2000, effective April 1, 2001.

Report explaining the August 9, 1994 Comment revisions published at 22 Pa.B. 6 (January 4, 1992); Final Report published with the Court’s Order at 24 Pa.B. 4342 (August 27, 1994).

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1477 (March 18, 2000).

← Previous Rule 203: Requirements for Issuance Next → Rule 205: Contents of Search Warrant