Under which circumstances may the judge dispense with providing a copy of the affidavits to the owner at the time of the search?

• A. All of the above
• B. The personal safety of a confidential informant would be jeopardized
• C. The search is part of a continuing investigation which would be adversely affected
• D. The disclosure would require information prohibited by chapter 959a

Answer: (A)

In search warrant procedures, a judge can withhold a copy of the affidavits from the owner at the time of the search when disclosure would undermine safety, ongoing investigations, or legal protections. If sharing the affidavits could jeopardize a confidential informant’s safety, the court may dispense with disclosure to protect those individuals. If releasing the affidavits would adversely affect a continuing investigation—by tip-offs, revealing leads, or compromising strategy—the judge can withhold to preserve the investigation’s integrity. And if disclosure would require information that is prohibited by law (as referenced by chapter 959a), the court may also withhold to comply with that legal prohibition. Since all these circumstances are recognized as valid reasons for not providing the affidavits immediately, “All of the above” is the best answer.