SEARCH AND SEIZURE

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 9 2/28/2025 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.