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ES NIN EEE fen e Rt ‘a Oh ak WL SENSITIVE Manl~ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 _ SECTION 3. ARREST **EFEDte: 04/28/1978 MCRT#: 0 Div: D9 Cav: SecCls: 3~1 | ISSUANCE OF ARREST WARRANTS (1) Complaints: When a federal prosecution is initiated by a complaint, Rule 4, FED.R.CRIM.P., provides that jurisdiction over the defendant can be obtained by either a warrant or a summons. The rule states that a warrant shall issue for the arrest of the defendant if, based on either the complaint or an affidavit or affidavits filed with the complaint, there is probable cause to believe that an offense has been committed and that the defendant has committed it. The issuance of a summons for the appearance of the defendant requires the same showing. A complaint is defined in Rule 3, FED.R.CRIM.P., as "a written statement of the essential facts constituting the offense charged. It must be under oath and before a magistrate." Thus, federal law requires that probable cause for an arrest warrant be presented in documentary form under oath. Section 3041, confers the power to issue arrest warrants for any offense against the United States upon any justice or judge of the United States, or any U.S. magistrate. In addition, any chancellor, judge of a supreme court, chief or first judge of common pleas, mayor of a city, justice of the peace or other magistrate, of any state where the offender may be found can issue such warrants. Copies of warrants issued under this authority are returned to the court of the United States that has cognizance of the offense. Constitutionally, the requirement is that the issuing authority be neutral and detached and that he/she has the capability of deciding probable cause. (3) Jurisdiction: Federal rules do not limit the application for an arrest warrant to any specified district. Usually, application for such a warrant will be made in the district where the offense was committed but that is not mandatory. Thus an arrest warrant may be issued by any of the designated magistrates in the place where the offender is found. While federal law makes provisions for a large class of magistrates to issue arrest warrants, the subject matter for which such a warrant shall issue is limited to federal offenses. (4) Description of the Person to be Arrested: Rule 4(c) (1), FED.R.CRIM.P., states that an arrest warrant shall contain the name of the defendant or, if his/her name is unknown, any name or description by which he/she can be identified with reasonable certainty. The rule does not requére the determination of the accused's true name. It 18 sufficient if the Agent develops Facts which lead to a reasonable belief that a particular individual is the offender, and that may do no more than provide a distinguishing physical description or tell the particular circumstances in which SENSITIVE Printed: 08/20/2003 06:43:34 Page 1 (2) Who May Issue an Arrest Warrant: Title 18, USC,