A. Presentation. A search warrant application ordinarily should be presented
to a magistrate judge, but it may be presented to a district judge if no
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magistrate judge is reasonably available. If no federal magistrate or district
judge is reasonably available, a search warrant may be presented to a state
judicial officer.
Copies of the application, the proposed search warrant, and any supporting
affidavits must be delivered to the judge for his or her private review before a
request is made for the judge to sign the warrant. In an emergency situation,
the judge may waive this requirement.
B. Lawyer for Government. Ordinarily, a law enforcement officer presenting a
search warrant application to a judge should be accompanied by a lawyer for
the government. If justified by unusual circumstances, a 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 contact-
ed away from the courthouse, including at his or her home, for purposes of
entertaining a search warrant application. If no magistrate judge is
reasonably available, a district judge may be contacted away from the
courthouse, including at his or her home, for purposes of entertaining a
search warrant application.
D. Initial Sealing of Search Warrant Documents. When a search warrant is
issued, a case is opened. The case is sealed until the warrant is returned; at
which time the case is unsealed unless otherwise ordered by the court.
