IN THE UNITED STATES DISTRICT COURT J:JL.eo
FOR THE SOUTHERN DISTRICT OF ILLINOIS Al/6 12
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IN THE MATTER OF:
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PUBLIC ACCESS TO
SEARCH WARRANT PROCEEDINGS Administrative Order No. 151
ADMINISTRATIVE ORDER
This Court is mindful that the common law recognizes a "general right to
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inspect and copy public records and documents, including judicial records and
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documents." Nixon v. Warner Communications, Inc., 435 U.S. 589, 597 (1978).
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Nonetheless, the Court must balance the public's right of access to the need to
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keep certain documents, such as those concerning a "matter occurring before
the grand jury," see Fed. R. Crim. P. 6(e), in long-term secrecy.
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Federal Rule of Criminal Procedure 41 directs that "[t]he magistrate
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judge to whom the [search] warrant is returned must attach to the warrant a
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copy of the return, of the inventory, and of all other related papers and must
deliver them to the clerk in the district where the property was seized." FED. R.
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CRIM. P. 41(i). By directing that these materials are to be filed with the Clerk of
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Court, Rule 41 contemplates that these documents will be made public.
While the Court recognizes that it is often necessary to keep search
warrant documents sealed to prevent compromises to ongoing criminal
investigations, we cannot presume that every case meets the threshold for
ongoing privacy without any demonstration of need by the United States.
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Because motions to unseal files have not kept pace with the expiration of the
reasonable period of time during which files should remain sealed, the Court
finds that it is necessary to adopt a procedure to provide an automatic remedy
in those cases where a motion to unseal the file is not filed within an
appropriate amount of time.
Accordingly, the Clerk of Court is DIRECTED to identify a list of all
search warrant cases filed within the last 24 months. As soon as practicable,
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the Clerk shall issue notice to the United States Attorney that any case which
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has been sealed for six months or more will be unsealed in 60 days, unless the
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United States Attorney shows cause why the entire case or any portion of it
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should remain under seal.
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Going forward, the Clerk shall issue a notice once a month on any case
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that has been sealed for six months or more. The notice from the Clerk shall
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give the United States Attorney 14 days to show cause why the entire case or
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any portion of it should remain under seal. Unless a motion is filed in the
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search warrant case and/ or an order is entered before the expiration of the two
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week time period, the Clerk will unseal the entire case pursuant to the notice
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and this Administrative Order. If a judicial officer determines that the United
States Attorney has established good cause for the case or any portion of it to
remain under seal, the order sealing the documents may be extended for an
additional period of time, not to exceed six months. Unless the United States
Attorney files a motion and makes a fresh showing of a need to maintain the
confidentiality of the documents before the end of the period designated in the
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order (without further notice from the Clerk or court order), the materials will
be unsealed by the Clerk pursuant to this Administrative Order.
Dated: A~H2 1 'Lor~
HONORABLE DAVID R. HERNDON H
Chief United States District Judge un· ed States District Judge
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HY HONORABLE 1\iCHAELJ. REAGAN
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United States District Judge
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