who has attorney general authorized to request a search warrant

Can a federal judge issue a search warrant in the US?

Rule 41(a) provides in part that a search warrant may be issued “upon the request of a federal law enforcement officer,” and defines that term in Rule 41(h) as “any government agent, * * * who is engaged in the enforcement of the criminal laws and is within the category of officers authorized by the Attorney General to request the issuance of a search warrant.”

How do police officers obtain search warrants?

Section 60.2(g) was codified in 1979, pursuant to Attorney General Order No. 826-79, which revised the catalogue of officials authorized to request search warrants under Rule 41 of the Federal Rules of Criminal Procedure to include “[a]ny civilian agent of the Department of Defense who is authorized to enforce

Who can issue an authorized tracking warrant?

Rule 41(a) provides in part that a search warrant may be issued “upon the request of a federal law enforcement officer,” and defines that term in Rule 41(h) as “any government agent, * * * who is engaged in the enforcement of the criminal laws and is within the category of officers authorized by the Attorney General to request the issuance of a search warrant.”

Who is present during the execution of a search warrant?

Subdivision (a) is amended to provide that a search warrant may be issued only upon the request of a federal law enforcement officer or an attorney for the government. The phrase “federal law enforcement officer” is defined in subdivision (h) in a way which will allow the Attorney General to designate the category of officers who are authorized to make application for a search warrant.

Who issues a search warrant?

The magistrate judge or a judge of a state court of record must issue the warrant to an officer authorized to execute it. (2) Contents of the Warrant. (A) Warrant to Search for and Seize a Person or Property. Except for a tracking-device warrant, the warrant must identify the person or property to be searched, identify any person ...

When is a search warrant required?

This amendment to Rule 41 is intended to make it possible for a search warrant to issue to search for a person under two circumstances: (i) when there is probable cause to arrest that person; or (ii) when that person is being unlawfully restrained. There may be instances in which a search warrant would be required to conduct a search in either of these circumstances. Even when a search warrant would not be required to enter a place to search for a person, a procedure for obtaining a warrant should be available so that law enforcement officers will be encouraged to resort to the preferred alternative of acquiring “an objective predetermination of probable cause” Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967), in this instance, that the person sought is at the place to be searched.

What is a residence in the United States?

At the request of a federal law enforcement officer or an attorney for the government: (C) a residence and any appurtenant land owned or leased by the United States and used by United States personnel assigned to a United States diplomatic or consular mission in a foreign state.

Where do you file a motion for return of property?

The motion must be filed in the district where the property was seized. The court must receive evidence on any factual issue necessary to decide the motion.

What is a warrant for a person?

(4) a person to be arrested or a person who is unlawfully restrained.

When was the Court of Record Amendment enacted?

The amendment restores the words “court of record” which were inadvertently omitted from the amended text of the subdivision which was transmitted by the Judicial Conference to the Supreme Court and prescribed by the Court on April 24, 1972.

Who must give a copy of a warrant?

The officer executing the warrant must give a copy of the warrant and a receipt for the property taken to the person from whom, or from whose premises, the property was taken or leave a copy of the warrant and receipt at the place where the officer took the property. (D) Return.

Who issues a warrant for a search of a person?

(1) In General. After receiving an affidavit or other information, a magistrate judge—or if authorized by Rule 41 (b), a judge of a state court of record —must issue the warrant if there is probable cause to search for and seize a person or property or to install and use a tracking device.

Who must give a copy of a warrant?

The officer executing the warrant must give a copy of the warrant and a receipt for the property taken to the person from whom, or from whose premises, the property was taken or leave a copy of the warrant and receipt at the place where the officer took the property. (D) Return.

What is a federal law enforcement officer?

(B) “Daytime” means the hours between 6:00 a.m. and 10:00 p.m. according to local time. (C) “Federal law enforcement officer” means a government agent (other than an attorney for the government) ...

What is a warrant for?

A warrant may be issued for any of the following: (2) contraband, fruits of crime, or other items illegally possessed; (3) property designed for use, intended for use, or used in committing a crime; or. (4) a person to be arrested or a person who is unlawfully restrained.

How long does it take to return a tracking device?

(B) Return. Within 10 days after the use of the tracking. device has ended, the officer executing the warrant must return it to the judge designated in the warrant.

Who issues a search warrant?

The magistrate judge or a judge of a state court of record must issue the warrant to an officer authorized to execute it. (2) Contents of the Warrant. (A) Warrant to Search for and Seize a Person or Property. Except for a tracking-device warrant, the warrant must identify the person or property to be searched, identify any person ...

Who must give a copy of a warrant?

The officer executing the warrant must give a copy of the warrant and a receipt for the property taken to the person from whom, or from whose premises, the property was taken or leave a copy of the warrant and receipt at the place where the officer took the property.

What is the scope of Rule 41?

(a) Scope and Definitions. (1) Scope. This rule does not modify any statute regulating search or seizure, or the issuance and execution of a search warrant in special circumstances. (2) Definitions.

What is the purpose of a warrant issued after an affidavit?

After receiving an affidavit or other information, a magistrate judge–or if authorized by Rule 41 (b), a judge of a state court of record–must issue the warrant if there is probable cause to search for and seize a person or property or to install and use a tracking device.

What is a federal law enforcement officer?

(B) “Daytime” means the hours between 6:00 a.m. and 10:00 p.m. according to local time. (C) “Federal law enforcement officer” means a government agent (other than an attorney for the government) ...

What is a warrant for?

A warrant may be issued for any of the following: (2) contraband, fruits of crime, or other items illegally possessed; (3) property designed for use, intended for use, or used in committing a crime; or. (4) a person to be arrested or a person who is unlawfully restrained. (d) Obtaining a Warrant. (1) In General.

What is the duty of an officer in a warrant?

An officer present during the execution of the warrant must prepare and verify an inventory of any property seized. The officer must do so in the presence of another officer and the person from whom, or from whose premises, the property was taken. If either one is not present, the officer must prepare and verify the inventory in the presence ...

What is unreasonable searches and seizures?

Unreasonable searches and seizures. - The right of the people to be secure in their persons,houses, papers, and effects, against unreasonable searches and seizures , shall not be violated, andno warrants shall issue, but upon probable cause, supported by oath or affirmation, andparticularly describing the place to be searched, and the persons or things to be seized.

Who delivers a copy of a return and inventory?

make a return, accompanied by a written inventory of any property taken. Upon request,the magistrate shall cause to be delivered a copy of the return and the inventory to the personfrom whom or from whose premises the property was taken and to the applicant for the warrant.

What is a search warrant?

A search warrant is an order signed by a judge that authorizes police officers to search for specific objects or materials at a definite location. For example, a warrant may authorize the search of "the single-dwelling premises at 11359 Happy Glade Avenue" and direct the police to search for and seize "cash, betting slips, record books, ...

Why is a search warrant not necessary?

Over the years, courts have defined a number of situations in which a search warrant isn't necessary, either because the search is reasonable under the circumstances or because, due to a lack of a reasonable expectation of privacy , the Fourth Amendment doesn't apply at all.

How to conduct a warrantless search?

As a general rule, the police are authorized to conduct a warrantless search when the time it would take to get a warrant would jeopardize public safety or lead to the loss of important evidence. Here are some situations in which most judges would uphold a warrantless search: 1 Following a street drug arrest, an officer enters the house after the suspect shouts into the house, "Eddie, quick, flush it!" The officer arrests Eddie and seizes the stash. 2 A police officer on routine patrol hears shouts and screams coming from a residence, rushes in, and arrests a suspect for spousal abuse. 3 A police officer in "hot pursuit" of a fleeing felon continues the chase into the suspect's home in order to make the arrest.

What happens if a magistrate issues a warrant?

If the magistrate believes that the affidavit establishes probable cause to conduct a search, he or she will issue a warrant. The suspect, who may be connected with the place to be searched, is not present when the warrant is issued and therefore cannot contest the issue of probable cause at that time.

Do police need a warrant to seize evidence?

A police officer doesn't need a warrant to seize contraband or evidence that is "in plain view" if the officer is legitimately in the area where the evidence or contraband is first spotted. (The officer must have probable cause to believe the item is evidence or contraband in order to seize it, though.)

What is a hot pursuit?

A police officer in "hot pursuit" of a fleeing felon continues the chase into the suspect's home in order to make the arrest. In these types of emergency situations, an officer's duty to protect people and preserve evidence outweighs the warrant requirement. ( United States v. Santana, 427 U.S. 38 (1976), Cupp v.

What is a Terry frisk?

Stop and Frisk. A police officer may stop someone he reasonably suspects of criminal activity, and he may frisk the person for weapons if he reasonably suspects the person is armed and dangerous. This type of warrantless "search" is known as a Terry frisk.

What happens if a designated attorney declines to approve an application?

In the event that a Designated Attorney declines to approve anapplication, or conditionally approves the application subject to a conditionthat has not been satisfied, the applicant or any other person representing theapplicant’s law enforcement agency shall be prohibited from making anapplication to any other Designated Attorney without revealing in thesuccessive application the fact that an application had previously beenreviewed by another Designated Attorney. This notification requirement shallapply to any successive application involving the same criminal activities orpremises to be searched that were involved in the prior application that wasnot approved.

What is a designated attorney?

The Designated Attorney is authorized to deny an application for asearch warrant, to approve the application, or to make approval contingentupon some further investigative step, notification and/or consultation withsome other law enforcement officer or agency, or such other action to be takenby the applicant that is deemed by the Designated Attorney to be necessary tosatisfy all of the requirements of this Directive. If the Designated Attorneydetermines that the application is in any respect deficient or otherwise in needof supplemental investigation or any other action necessary to satisfy therequirements of this Directive, the Designated Attorney shall require theapplicant to conduct such supplemental investigation or to take such othersteps as may be necessary to cure the deficiency or to satisfy the requirementsof this Directive, and then report back to the Designated Attorney for finalauthorization before proceeding to submit the application to a judge. Notwithstanding the foregoing, a Designated Attorney is authorized to grantconditional approval contingent upon the satisfaction of some additional step,provided that the Designated Attorney provides clear guidance to the applicantas to the step(s) that must be taken by the applicant and the conditions thatmust be satisfied before the applicant is authorized to submit the application toa judge. (Example: a Designated Attorney may conditionally approve anapplication contingent upon the applicant consulting with an appropriaterepresentative from another law enforcement agency that reasonably appearsto have an interest in the target of the investigation or the premises to besearched. In these circumstances, a conditional approval might provide thatthe applicant is authorized to apply to a court for issuance of the searchwarrant unless the other law enforcement agency objects to the search.)