Local Rule LCrR 41: SEARCH WARRANTS

LCrR 41 SEARCH WARRANTS a. Presentation. A search warrant application ordinarily should be presented to a magistrate judge, but it may be presented to a district court judge if no magistrate judge is available. If no federal judge is reasonably available, a search warrant may be presented to a state or local judicial officer.

The application, the proposed search warrant, and any supporting affidavits must be delivered to the magistrate judge for his or her private review before a request is made for the magistrate judge to sign the warrant. For good cause shown, the magistrate judge may waive this requirement.

b. Lawyer for Government. Ordinarily, an officer presenting a search warrant application to a magistrate judge should be accompanied by a lawyer for the government. If justified by unusual circumstances, a magistrate 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 contacted away from the courthouse, including at his or her home, for purposes of entertaining a search warrant application. If no magistrate judge is available, a district court judge may be contacted away from the courthouse, including at his or her home, for purposes of entertaining a search warrant application.