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ae ee ll EZ ee ee 16 STE debs! te bad SENSITIVE Man1-ID:; LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 a federal magistrate may issue a warrent based upon sworn oral testimony communicated by telephone. The procedures for obtaining a search warrant upon oral testimony are set forth in Rule 41(c) (2) and are contained in the appendix to this handbook. Prior to obtaining a search warrant, Agents should consult with the Office of the U.S. Attorney. A copy of the affidavit filed before the magistrate is to be retained as a serial in the case file. (3) Who May Apply: The federal rule requires that the request for a search warrant be made by a federal law enforcement officer or by an attorney for the government. (4) Who May Issue: Title 18, USC, Section 3102, incorporates by reference Rule 41(a), FED.R.CRIM.P, which grants power to issue search warrants to a judge of the United States or of a state, commonwealth, or territorial court of record or by a United States magistrate. Thus Rule 41(a) authorizes only certain judicial officers to issue search warrants. Constitutionally, the requirement is that the issuing authority be neutral and detached and that he/she have the capability of deciding probable cause. (5) Jurisdiction: { (a) General Rule: Federal rules provide that a search warrant may be issued by a federal magistrate judge or judge of a state commonwealth or territory court of record within the district wherein the property or person to be searched is located. warrants extends to situations where probable cause is established to show the item(s) or person(s) named in the warrant is presently located in another district but will be located within the magistrate's or judge's district at the time the warrant is executed. A federal magistrate judge is also empowered to issue a search warrant for property or a person(s) upon a finding of probable cause to believe that the item(s) or person(s) named in the warrant are within the district at the time the warrant is issued, but might move outside the district before the warrant may be executed. In such a case, a search warrant issued by a federal magistrate judge would be valid, even if executed in another district. (b) Exceptions: The authority to issue search (c) State, Commonwealth, and Territory Judges: Other courts that are authorized to issue search warrants under the Federal Rules are bound by the same limitations. Thus, 1f the judge is empowered to act for the state at large, he/she may issue warrants valid anywhere in the state. But, if the state judge's commission is limited to less than state-wide jurisdiction, his/her warrants will be valid only to the extent of his/her actual jurisdiction. (6) Justification for Seizure: } (a) Rule 41(b), FED.R.CRIM.P. provides that a Warrant may be issued under this rule to search for and seize: SENSITIVE Printed: 08/20/2003 06:43:34 Page 3