Warrantless searches in the state of Florida by Veronica Rivera: Federal Criminal Handbook

Federal Rule 41 - Search and Seizure

Author's Commentary on Rule 41 - Purpose and Scope:

Rule 41 establishes the procedures for issuing search warrants and arrest warrants. It specifies who may request a warrant, what kind of showing needs to be made, the use of telephonic warrants, the return of warrants, and how a motion for return of property is to be made.

Checklist needed for a valid warrant:

• Application to federal or state court judge by federal prosecutor or law enforcement officer (Rule 41(a));
• Affidavit or sworn oral testimony demonstrating probable cause in support of warrant (Rule 41(b), (c));
• Particularity as to items to be seized (Rule 41(b), (c)); and
• Particularity as to places or persons to be searched or seized (Rule 41(c))

NOTE: Rule 41 does not govern motions to suppress. Motions to suppress evidence are filed pretrial and are governed by Rule 12.

Laurie L. Levenson, Federal Criminal Rules Handbook, 444-445 (29009).