From the Hotline

By Teri Henning, General Counsel
Pennsylvania Newspaper Association

Q: Are search warrants public records?

A: The Pennsylvania Supreme Court has held that search warrants are presumptively public after they have been executed. Pennsylvania court rules do provide for the sealing of search warrant affidavits, but only where the Commonwealth can show "good cause." Upon "good cause" shown, a search warrant affidavit can be sealed for up to 60 days. This can be extended, but the Commonwealth must again establish that there is "good cause" for the document to remain sealed. Absent some extraordinary interest supporting the need for secrecy, such as protecting a confidential informant or where it can be shown that disclosure would damage an ongoing criminal investigation, these records must be public.

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