The Law Mind

Search And Seizure Warrants

W.D.N.Y. RULE 41

(a) If a Magistrate Judge with authority grants an application for a search warrant, he or she shall sign the warrant. The Magistrate Judge's courtroom deputy or other deputy clerk shall retain a copy of the warrant, and the original signed warrant shall be maintained by the officer or attorney seeking the warrant for execution The courtroom deputy shall then assign a Magistrate Judge docket number to the matter and file the copy of the signed search warrant and the original application in CM/ECF. The caption shall be "In the Matter of the Search of" followed by the location to be searched. The copy of the signed search warrant and the original application shall be filed under seal. −14− (b) Once the search warrant is executed, it shall be returned, along with the inventory, to the Magistrate Judge designated on the warrant within fourteen (14) days after the warrant is executed or the time period for execution has expired. The officer returning the warrant may do so by reliable electronic means. The Magistrate Judge's courtroom deputy or other deputy clerk shall then file the return in CM/ECF and close the matter. (c) Should the original warrant and an inventory not be timely returned, then the entire matter, including the application and search warrant, shall be unsealed twenty-eight (28) days from the issuance of the warrant. (d) The matter shall be unsealed at the time of the filing of the return or after the passage of twenty-eight (28) days from the issuance of the warrant, whichever is earlier, unless at the time of the original application or sometime thereafter, the government requests and the Magistrate Judge orders that the matter remain sealed for some specific period of time following the filing of the return, until further order of the Court, or as the Court otherwise directs. The government shall provide the Magistrate Judge with a proposed sealing order at the time of its sealing request.
Official source: https://www.nywd.uscourts.gov/sites/nywd/files/26-4-7%20CLERICAL%20CORRECTIONS%20TO%202024 · retrieved 2026-07-23