{"id":3367,"date":"2009-09-10T18:52:50","date_gmt":"2009-09-10T18:51:50","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-09-10T18:51:50","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3367","title":{"rendered":"F.R.Crim.P. 41 amendments effective Dec. 1"},"content":{"rendered":"<p>Federal Rules of Criminal Procedure, proposed amendment effective December 1, 2009:<\/p>\n<blockquote><p>Rule 41.  Search and Seizure<\/p>\n<p>\t* * *<\/p>\n<p>(e) Issuing the Warrant.<\/p>\n<p>(2)  Contents of the Warrant.<\/p>\n<p>(A) Warrant to Search for and Seize a Person or Property. Except for a tracking-device warrant, the warrant must identify the person or property to be searched, identify any person or property to be seized, and designate the magistrate judge to whom it must be  returned. The warrant must command the officer to:<\/p>\n<p>(i) execute the warrant within a specified time no longer than 14 days;<\/p>\n<p>* * * <\/p>\n<p>(B)  Warrant Seeking Electronically Stored Information. A warrant under Rule 41(e)(2)(A) may authorize the seizure of electronic storage media or the seizure or copying of electronically stored information.  Unless otherwise specified, the warrant authorizes a later review of the media or information consistent with the warrant.  The time for executing the warrant in Rule 41(e)(2)(A) and (f)(1)(A) refers to the seizure or on-site copying of the media or information, and not to any later off-site copying or review.<\/p>\n<p>(C)  Warrant for a Tracking Device. A tracking device warrant must identify the person or property to be tracked, designate the magistrate judge to whom it must be returned, and specify a reasonable length of time that the device may be used. The time must not exceed 45 days from the date the warrant was issued. The court may, for good cause,  grant one or more extensions for a reasonable period not to exceed 45 days each. The warrant must command the officer to:<\/p>\n<p>\t* * *<\/p>\n<p>(f) Executing and Returning the Warrant.<\/p>\n<p>(1) Warrant to Search for and Seize a Person or Property.<\/p>\n<p>* * *<\/p>\n<p>(B)  Inventory.  An officer present during the execution of the warrant must prepare and verify an inventory of any property seized.  The officer must do so in the presence of another officer and the person from whom, or from whose premises, the property was taken. If either one is not present, the officer must prepare and verify the inventory in the presence of at least one other credible person. In a case involving the seizure of electronic storage media or the seizure or copying of electronically stored information, the  inventory may be limited to describing the physical storage media that were seized or copied. The officer may retain a copy of the electronically stored information that was seized or copied. <\/p>\n<p>* * *\n<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3367\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-3367","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3367","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3367"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3367\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3367"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3367"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3367"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}