(a) In General
(1) Notice of Arrest. Any agency or person who holds any person in this district on federal
criminal charges, shall so advise the U.S. Marshal without unnecessary delay. Except with
respect to federal parole violations, after receiving notice or other knowledge during
business hours of any such federal arrestee or person held on federal charges anywhere in
the district, the marshal shall give notice without unnecessary delay of the date of federal
arrest or custody to the courtroom deputy or other designated staff member for the
appropriate magistrate judge who will conduct the initial appearance;
(A) After receiving notice from the U.S. Marshal, the courtroom deputy or other
designated staff member for the appropriate magistrate judge shall give notice
without unnecessary delay to:
1. The designated person in the United States Attorney’s Office;
2. During business hours, the U.S. Probation and Pretrial Services Office.
3. The designated person in the Federal Public Defenders Office and Criminal Justice
Act Administrator.
Like notice, during business hours, shall also be given by the courtroom deputy or other
designated staff member to the U.S. Probation and Pretrial Services Office duty officer as to
any probation, supervised release, or parole violators.
(B) -(C) Reserved
(2) Reserved
(b) Arrest Without Warrant — Forty-Eight Hour Rule. Whenever an arrest without
warrant occurs and the initial appearance will not be or is likely not to be held within forty-
eight hours of arrest (because of the weekend or holidays or unavailability of an appropriate
magistrate judge):
(A) A complaint and affidavit will be prepared and presented within forty-eight hours
after the arrest to the appropriate magistrate judge at said judge’s home or as directed
by said judge. If probable cause is found, an order so finding shall be signed and
defendant shall be ordered held pending the initial appearance as promptly as that
hearing can be scheduled during court hours or as otherwise ordered.
(B) The initial contact with the appropriate magistrate judge shall be made by the
United States Attorney or an authorized assistant who shall have either previously
prepared or reviewed and approved the form and content of the complaint and
Criminal Rules
affidavit.
(3) Initial Case Assignment – Unless otherwise provided in these Rules or the General
Orders of the Court, all actions, causes and proceedings shall be assigned by the clerk to
judges by random selection.
(4) Appropriate Magistrate Judge. The “appropriate magistrate judge” is the United States
magistrate judge who would normally be expected to conduct the initial appearance; or if
unavailable, any available United States magistrate judge; or if unavailable, any other
magistrate judge as defined in Fed. R. Crim. P. 1(b).
(c) through (f) Reserved
(g) Pretrial Release/Detention
When a defendant makes their initial appearance in a new criminal case, the court can
schedule or hold a detention hearing only if the case involves one of the
circumstances in 18 U.S.C. § 3142(f). If the record does not establish that the case
involves one of the circumstances in § 3142(f), the magistrate judge must
immediately release the person pursuant to 18 U.S.C. §§ 3142(b) or 3142(c).
(h) Request to Recall Warrant of Removal.
The United States Attorney’s Office must immediately notify the Court whenever it
becomes aware that a charging district has dropped all charges against a defendant
who has been ordered transferred to that district under Fed. R. Crim. P. 5(c)(3) but the
transfer has not taken place. The United States Attorney should do so by filing a
Request to Recall Warrant of Removal in the case in which the transfer was ordered
and notifying the Magistrate Judge on duty when the Request is filed.
Criminal Rules
