(a) through (d)(2) Reserved
(d)(3) Search Warrant Applications by Telephone or Other Reliable Electronic Means
(A) The presumption is that search warrant applications will be presented to the
magistrate judge via a written affidavit sworn to by telephone or other reliable electronic
means. At the discretion of the magistrate judge, the affiant may be required to appear
personally to present the search warrant application.
(B) An application for a search warrant may be presented only with the prior approval of
the United States Attorney for this district, or an authorized assistant. The United States
Attorney or Assistant United States Attorney shall review all paperwork submitted to the
magistrate judge in support of the requested warrant.
(C) In all instances in which the government is proceeding by telephone or other reliable
electronic means, the presentation must be conducted in a manner in which the law
enforcement agent and an Assistant United States Attorney are able to converse with the
magistrate judge, unless the magistrate judge excuses this requirement.
(D) If the preparation of a written affidavit is not possible, the testimony may be recorded
as long as the magistrate judge decides that the circumstances are such that it is
reasonable to dispense with the written affidavit. One factor the magistrate judge should
consider in making this determination is the possibility that if a search warrant were not
issued in the manner requested by the government that there would be a significant risk
that evidence would be destroyed. In all instances in which the government proceeds
without a written affidavit, the law enforcement agent and the Assistant United States
Attorney shall have agreed to a form of affidavit that can be read to the magistrate judge
verbatim insofar as circumstances permit. Whenever possible, the magistrate judge shall
have voice recording equipment available to record the agent’s testimony.
In addition, on the first day following the issuance of such a search warrant, the
magistrate judge shall have a duplicate recording made of the oral testimony and furnish
that recording to the United States Attorney’s Office who shall cause a transcription of
the recording to be made and returned to the magistrate judge.
(E) Deviation from the procedures set forth in this rule may be grounds for the magistrate
judge to refuse a warrant application but shall not necessarily be grounds for a motion to
suppress evidence which has been seized.
(e) through (i) Reserved
Criminal Rules
