a. Presentation. A search warrant application ordinarily should be presented to a magistrate
judge, but it may be presented to a district court judge if no magistrate judge is available. If no
federal judge is reasonably available, a search warrant may be presented to a state or local
judicial officer.
The application, the proposed search warrant, and any supporting affidavits must be delivered
to the magistrate judge for his or her private review before a request is made for the magistrate
judge to sign the warrant. For good cause shown, the magistrate judge may waive this
requirement.
b. Lawyer for Government. Ordinarily, an officer presenting a search warrant application to a
magistrate judge should be accompanied by a lawyer for the government. If justified by
unusual circumstances, a magistrate judge may entertain a search warrant application from an
officer who is not accompanied by a lawyer for the government.
c. Emergencies. In an emergency situation, a magistrate judge may be contacted away from the
courthouse, including at his or her home, for purposes of entertaining a search warrant
application. If no magistrate judge is available, a district court judge may be contacted away
from the courthouse, including at his or her home, for purposes of entertaining a search warrant
application.
