IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
IN RE SEARCH AND SEIZURE WARRANTS
GENERAL ORDER NO. 22
Because there is a compelling interest in protecting from public disclosure all search or
seizure warrant-related documents until the warrant is executed or becomes un executable and
because no less restrictive alternative is practical to protect that interest, the issuing District or
Magistrate Judge must maintain the confidentiality of all warrant-related documents until they
are delivered to the Clerk for filing. Upon receipt of the return inventory on an executed warrant,
or upon expiration of the time specified in the warrant for its execution, the Judge must deliver
all warrant-related papers to the Clerk of Court for filing in a miscellaneous warrant file.
In order to request that the Judge seal some or all of the documents in any miscellaneous
warrant file, the United States Attorney must submit an ex parte motion to seal, along with a
proposed Order granting that motion. This motion must state reasonably specific facts which
establish that: (a) the government has a compelling interest in sealing the documents in question
which outweighs the public’s qualified first amendment right of access to review those
documents; and (b) no less restrictive alternative to sealing is appropriate or practical.
Ordinarily, such a motion must be filed at the time of application for the warrant. If
grounds to seal arise after the warrant has been issued, the United States may, within seven days
after the Clerk has filed the warrant papers, submit an ex parte motion to seal and a proposed
order. The motion must establish, in addition to the above grounds, that the basis for sealing was
not known at the time of the warrant application, despite due diligence.
Because there may be cases in which a person’s or other entity’s privacy interests rise
to the level of a compelling interest sufficient to justify sealing documents in a warrant file, such
persons or entities may file a motion to seal, ex parte, within seven days after the Clerk has filed
the warrant papers.
If no motion to seal has been filed within seven days after the Clerk has filed the warrant
papers, the Clerk must open the file to the public for inspection and copying. If a motion to seal
is filed, the miscellaneous warrant file must remain sealed until the Judge has ruled on the
motion. The Judge must rule on any motion to seal within seven days after the motion is filed.
If a motion to seal is denied, the miscellaneous warrant file must remain sealed during the period
in which an appeal may be filed.
When the Judge delivers the warrant papers to the Clerk for filing, the Clerk must create
and maintain a separate miscellaneous file which must contain the application for the warrant,
all supporting affidavits and any return inventory, related motions or orders. The Clerk must also
create and maintain a docket sheet, open to the public for inspection and copying, for every
miscellaneous warrant file, including files in which an order to seal has been entered. The docket
sheet must contain docket entries that describe generally each document in the file and reflect the
number of pages of each such document. If the Judge enters an order granting a motion to seal,
the Clerk must maintain all documents within the scope of the order to seal in a sealed
miscellaneous file.
Any person or other entity seeking to challenge the grounds supporting an order to seal
documents contained in a miscellaneous warrant file must submit a motion, directed to the
Magistrate Judge or District Judge who signed the warrant, stating specific grounds supporting
the release of the sealed documents. In opposing such a motion, the party who obtained the order
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to seal has the burden of establishing that a compelling interest justifies a restriction of the
public’s qualified first amendment right of access to the documents in question and that no less
restrictive alternative to sealing is appropriate or practical. In appropriate cases, the Judge may
conduct an in camera hearing to develop the facts necessary to determine whether a compelling
interest justifies sealing the documents in question. If the Judge concludes that the documents
should remain under seal, the Judge will enter an order under seal containing specific findings
that explain why sealing is necessary and why no less restrictive alternatives are practical or
appropriate. The Clerk must open any sealed miscellaneous warrant file after a related
indictment or information is filed.
DATED this 20th day of September, 2001.
/s/ Susan Webber Wright
SUSAN WEBBER WRIGHT, CHIEF JUDGE
UNITED STATES DISTRICT COURT
Amended November 10, 2009
Amended June 1, 2010
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