Part 2 · Investigations
Rule 201. Purpose of Warrant
A search warrant may be issued to search for and to seize:
(a) contraband, the fruits of a crime, or things otherwise criminally possessed;
(b) property that is or has been used as the means of committing a criminal offense;
(c) property that constitutes evidence of the commission of a criminal offense; or
(d) a person for whom a bench or arrest warrant has been issued.
Comment. Concerning the provisions of subdivision (a) see United States v. Rabinowitz , 339 U.S. 56 (1950), overruled as to other points, Chimel v. California , 395 U.S. 752, 786 (1969). Also compare, Cooper v. California , 386 U.S. 58 (1967), with One 1958 Plymouth Sedan v. Pennsylvania , 380 U.S. 693 (1964). Warrants may not be issued unless the affidavit alleges a pre-existing crime. See United States ex. rel. Campbell v. Rundle , 327 F.2d 153, 161 (3rd Cir. 1964), followed sub nom. Commonwealth ex rel. Ensor v. Cummings , 207 A.2d 230 (Pa. 1965) and Commonwealth ex rel. Campbell v. Russell , 207 A.2d 232 (Pa. 1965). Concerning the provisions of subdivision (c), see Warden v. Hayden , 387 U.S. 294 (1967). Subdivision (d) clarifies that a person is a proper subject of a search warrant when the person is also the subject of a bench or arrest warrant. In such circumstances, the search warrant is to effectuate the arrest by permitting the search of a premises other than the residence of the subject of the bench or arrest warrant. The search warrant does not take the place of the underlying bench or arrest warrant.