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SENSITIVE Manl-ID: LHBSAXO LEGAL -HANDBOOK FOR SPECIAL AGENTS APPENDIX a SEARCH WARRANT UPON ORAL TESTIM (FORMERLY LHBSA, PART 1, 2-6) APPENDIX|8. **EEEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: |8-1 Search Warrant Upon Oral Testimony (Formerly LHBSA, Part 1, 2-6) Rule 41(c) (2), FED.R.CRIM.P., establishes a the issuance of a search warrant where the circumstanc reasonable to dispense with a written affidavit presen a magistrate. The rule provides that a federal magist Y SecCls: rocedure for s make it ed in person to ate judge may issue a warrant based upon sworn testimony communicated by telephone, radio, or other electronic method of communication. judges are not authorized to issue warrants under this Thus, state rule. Guidelines for such issuance have also been established by the U.S. Magistrates’ Committee of the Judicial Conference. Rule 41(c) (2) and the Guidelines specify the following procedures to be followed for issuance of a warrant based upon oral testimony. (1) Prior to contacting the magistrate, a "duplicate original warrant (A.0. Form 93A) must be prepared by if Agent A copy of the duplicate original Whenever f seeking the warrant. be prepared and retained in the case file. warrant should asible, the probable cause statement should also be prepared and reduced to writing before contacting the magistrate. (2) Whenever practicable, an AUSA should be telephone conversation. (3) After the magistrate 1s informed of the included in the purpose of the call, the magistrate 1s required to ammediately place pacer oath each person whose testimony forms the basis of the applicat on. While this is the magistrate's responsibility, the Agent must ensyre that he/she has been so sworn prior to providing any information. 1s also required to record the conversation by means o recording device or, if unavailable, by means of a ste longhand record. The magistrate a voice ographic or (4) After being sworn, the need for employing this telephonic procedure is to be established by the Agent warrant. relevant: seeking the In demonstrating such need, the following fagtors are (a) The Agent cannot reach the magistrate in his or her office during regular court hours; (b) The Agent conducting the search 1s distance from the magistrate; (c) The factual situation is such that a significant 1t would be SENSITIVE | Printed: 08/20/2003 06:43:34 Page 1