Arrest Warrant or Summons on a Complaint

(a) Issuance. If the complaint or one or more affidavits filed with the complaint establish probable cause to believe that an of- fense has been committed and that the defendant committed it, the judge must issue an arrest warrant to an officer authorized to execute it. At the request of an attorney for the government, the judge must issue a summons, instead of a warrant, to a person au- thorized to serve it. A judge may issue more than one warrant or summons on the same complaint. If an individual defendant fails to appear in response to a summons, a judge may, and upon re- quest of an attorney for the government must, issue a warrant. If an organizational defendant fails to appear in response to a sum- mons, a judge may take any action authorized by United States law. (b) Form. (1) Warrant. A warrant must: (A) contain the defendant’s name or, if it is unknown, a name or description by which the defendant can be identi- fied with reasonable certainty; (B) describe the offense charged in the complaint; (C) command that the defendant be arrested and brought without unnecessary delay before a magistrate judge or, if none is reasonably available, before a state or local judi- cial officer; and (D) be signed by a judge. (2) Summons. A summons must be in the same form as a war- rant except that it must require the defendant to appear be- fore a magistrate judge at a stated time and place. (c) Execution or Service, and Return. (1) By Whom. Only a marshal or other authorized officer may execute a warrant. Any person authorized to serve a summons in a federal civil action may serve a summons. (2) Location. A warrant may be executed, or a summons served, within the jurisdiction of the United States or any- where else a federal statute authorizes an arrest. A summons to an organization under Rule 4(c)(3)(D) may also be served at a place not within a judicial district of the United States. (3) Manner. (A) A warrant is executed by arresting the defendant. Upon arrest, an officer possessing the original or a dupli- cate original warrant must show it to the defendant. If the officer does not possess the warrant, the officer must in- form the defendant of the warrant’s existence and of the offense charged and, at the defendant’s request, must show the original or a duplicate original warrant to the defend- ant as soon as possible. (B) A summons is served on an individual defendant: (i) by delivering a copy to the defendant personally; or (ii) by leaving a copy at the defendant’s residence or usual place of abode with a person of suitable age and discretion residing at that location and by mailing a copy to the defendant’s last known address. Rule 4.1 FEDERAL RULES OF CRIMINAL PROCEDURE 4 (C) A summons is served on an organization in a judicial district of the United States by delivering a copy to an of- ficer, to a managing or general agent, or to another agent appointed or legally authorized to receive service of proc- ess. If the agent is one authorized by statute and the stat- ute so requires, a copy must also be mailed to the organi- zation. (D) A summons is served on an organization not within a judicial district of the United States: (i) by delivering a copy, in a manner authorized by the foreign jurisdiction’s law, to an officer, to a man- aging or general agent, or to an agent appointed or le- gally authorized to receive service of process; or (ii) by any other means that gives notice, including one that is: (a) stipulated by the parties; (b) undertaken by a foreign authority in response to a letter rogatory, a letter of request, or a re- quest submitted under an applicable international agreement; or (c) permitted by an applicable international agreement. (4) Return. (A) After executing a warrant, the officer must return it to the judge before whom the defendant is brought in ac- cordance with Rule 5. The officer may do so by reliable electronic means. At the request of an attorney for the government, an unexecuted warrant must be brought back to and canceled by a magistrate judge or, if none is reason- ably available, by a state or local judicial officer. (B) The person to whom a summons was delivered for service must return it on or before the return day. (C) At the request of an attorney for the government, a judge may deliver an unexecuted warrant, an unserved summons, or a copy of the warrant or summons to the marshal or other authorized person for execution or serv- ice. (d) Warrant by Telephone or Other Reliable Electronic Means. In accordance with Rule 4.1, a magistrate judge may issue a warrant or summons based on information communicated by telephone or other reliable electronic means. (As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 22, 1974, eff. Dec. 1, 1975; Pub. L. 94–64, § 3(1)–(3), July 31, 1975, 89 Stat. 370, eff. Dec. 1, 1975; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 26, 2011, eff. Dec. 1, 2011; Apr. 28, 2016, eff. Dec. 1, 2016.)