{"id":6343,"date":"2011-12-01T18:16:22","date_gmt":"2011-12-02T00:19:07","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-12-01T18:14:14","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6343","title":{"rendered":"F.R.Crim.P. 41 changes effective 12\/1–Adding “reliable electronic means”"},"content":{"rendered":"

Federal Rules changes are effective December 1<\/a> [except the U.S. Sentencing Guidelines which are November 1]. Rule 41 changes involve adding “reliable electronic means” and tracking warrants, almost in anticipation of Jones, considering it takes three years for rules changes to work their way up.<\/p>\n

Rule 41. Search and Seizure<\/strong>
\n. . .
\n(d) Obtaining a Warrant.<\/em>
\n. . .
\n(3) Requesting a Warrant by Telephonic or Other Reliable Electronic Means.<\/em> In accordance with Rule 4.1, a magistrate judge may issue a warrant based on information communicated by telephone or other reliable electronic means.
\n(e) Issuing the Warrant.<\/em>
\n. . .
\n(2) Contents of the Warrant.<\/em>
\n. . .
\n(C) Warrant for a Tracking Device.<\/em> 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:
\n(i) complete any installation authorized by the warrant within a specified time no longer than 10 days;
\n(ii) perform any installation authorized by the warrant during the daytime, unless the judge for good cause expressly authorizes installation at another time; and
\n(iii) return the warrant to the judge designated in the warrant.
\n(f) Executing and Returning the Warrant.<\/em>
\n(1) Warrant to Search for and Seize a Person or Property.<\/em>
\n. . .
\n(D) Return.<\/em> The officer executing the warrant must promptly return it \u2014 together with a copy of the inventory \u2014 to the magistrate judge designated on the warrant. The officer may do so by reliable electronic means. The judge must, on request, give a copy of the inventory to the person from whom, or from whose premises, the property was taken and to the applicant for the warrant.
\n(2) Warrant for a Tracking Device. <\/em>
\n(A) Noting the Time.<\/em> The officer executing a tracking-device warrant must enter on it the exact date and time the device was installed and the period during which it was used.
\n(B) Return.<\/em> Within 10 days after the use of the tracking device has ended, the officer executing the warrant must return it to the judge designated in the warrant. The officer may do so by reliable electronic means.
\n(C) Service.<\/em> Within 10 days after the use of the tracking device has ended, the officer executing a tracking-device warrant must serve a copy of the warrant on the person who was tracked or whose property was tracked. Service may be accomplished by delivering a copy to the person who, or whose property, was tracked; or by leaving a copy at the person\u2019s residence or usual place of abode with an individual of suitable age and discretion who resides at that location and by mailing a copy to the person\u2019s last known address. Upon request of the government, the judge may delay notice as provided in Rule 41(f)(3).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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