In-state Out of County Warrants describe what action?

• A. Evidence is in state but out of county; search warrant delivered to officer of the county where evidence is located for service, they should execute warrant, and you can be present
• B. Warrants must be served only in the issuing county
• C. You must obtain a new warrant in the county where evidence is located
• D. The warrant is invalid if not served in the same county

Answer: (A)

When a warrant is issued, it can be served in the county where the evidence or place to be searched is located, even if that county is different from the issuing county, as long as it’s within the same state. In this situation, the warrant is forwarded to the local county’s law enforcement that has jurisdiction over the place where the evidence sits, and that local agency carries out the service. The presenting officer from the issuing agency can often be present or coordinate the operation, depending on policy. The important point is that you don’t need a new warrant just because the location is a different county; the cross-county service within the state is valid. This is why other options—requiring service only in the issuing county, needing a new warrant in the location’s county, or deeming the warrant invalid unless served in the same county—don’t fit.