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EE ed Z!. SENSITIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 tL, SL eee affirmation, and particularly describing the place to be searched, and the persons or things to be seized." In addition, the U.S. Supreme Court has held that the Fourth Amendment implicitly requires that a warrant be issued by "a neutral, detached magistrate."| **Ef£Dte: 07/26/1999 MCRT#: 915 Div; D9 Cav: SecCls: 1-5.2.1 |[Deleted| **EfEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 1-5.2.2 [Deleted| **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: [1-5.3 Procedural Requirements for Issuance of Warrants (1) Arrest Warrants - In addition to the constitutional requirements for warrants, the Federal Rules of Criminal Procedure (FED.R.CRIM.P.) set forth certain rules governing issuance of arrest warrants. (a) The Complaint - Rule 3 defines a Complaint as "a written statement of the essential facts constituting the offense charged. It shall be made upon oath before a magistrate judge." The Administrative Office of the United States Courts has provided Form A.O, 91 ("Criminal Complaint") for assistance in preparing a complaint. (b) Rule 4(a), FED.R.CRIM.P., provides that if the Complaint establishes probable cause to believe that an offense has been committed and that the defendant committed it, a warrant for the arrest of the defendant shall issue to any officer authorized to execute it. The finding of probable cause may be based upon hearsay evidence in whole or in part. FBI Agents are authorized by federal statute, Title 18, USC, Section 3052, to execute arrest warrants. (2) Search Warrants - In addition to the constitutional rules governing the issuance of warrants, the FED.R.CRIM.P. set forth certain requirements for issuance of search warrants. (a) Application and Affidavit for Search Warrant — The Administrative Office of the United States Courts has provided Form A.0. 106 ("Application and Affidavit for Search Warrant") to facilitate application for search warrants. (b} Rule 41, FED.R.CRIM.P., provides that a warrant shall issue only on an affidavit sworn before a federal or state magistrate judge and establishing the grounds for issuing the SENSITIVE Printed: 08/20/2003 06:43:34 5 Page