The following categories of federal law enforcement officers are authorized to request the issuance of a search warrant:
(a) Any person authorized to execute search warrants by a statute of the United States.
(b) Any person who has been authorized to execute search warrants by the head of a department, bureau, or agency (or his delegate, if applicable) pursuant to any statute of the United States.
(c) Any peace officer or customs officer of the Virgin Islands, Guam, or the Canal Zone.
(d) Any officer of the Metropolitan Police Department, District of Columbia.
(e) Any person authorized to execute search warrants by the President of the United States.
(f) Any civilian agent of the Department of Defense not subject to military direction who is authorized by statute or other appropriate authority to enforce the criminal laws of the United States.
(g) Any civilian agent of the Department of Defense who is authorized to enforce the Uniform Code of Military Justice.
(h) Any military agent of the Department of Defense who is authorized to enforce the Uniform Code of Military Justice.
(i) Any special agent of the Office of Inspector General, Department of Transportation.
(j) Any special agent of the Investigations Division of the Office of Inspector General, Small Business Administration.
(k) Any special agent of the Office of Investigations and the Office of Labor Racketeering of the Office of Inspector General, Department of Labor.
(l) Any special agent of the Office of Investigations of the Office of Inspector General, General Services Administration.
(m) Any special agent of the Office of Inspector General, Department of Housing and Urban Development.
(n) Any special agent of the Office of Inspector General, Department of Interior.
(o) Any special agent of the Office of Inspector General, Veterans Administration.
(p) Any special agent of the Office of Inspector General, Social Security Administration.
(q) Any special agent of the Office of Inspector General, Department of Health and Human Services.
[Order No. 826-79, 44 FR 21785, Apr. 12, 1979, as amended by Order No. 1026-83, 48 FR 37377, Aug. 18, 1983; Order No. 1143-86, 51 FR 26878, July 28, 1986; Order No. 1188-87, 52 FR 19138, May 21, 1987; Order No. 1327-89, 54 FR 9431, Mar. 7, 1989; Order No. 2000-95, 60 FR 62734, Dec. 7, 1995]
Notes of Decisions
United States v. Leveto, 540 F.3d 200 (3rd Cir. 2008).
· cites it 2× “agent had authority to request a search warrant. I.R.”
United States v. Kone, 591 F. Supp. 2d 593 (S.D.N.Y. 2008).
· cites it 3× “41(h); 28 C.F.R. § 60.2 . Therefore, a probation officer’s request for a search warrant is a situation ‘not otherwise covered by statute,’ rendering 28 U.”
United States v. George Whiting, & Theodore Whiting, 781 F.2d 692 (9th Cir. 1986).
“2(a) extends warrant authority to "persons authorized to execute search war *695 rants by a statute of the United States," the court correctly noted that the existing enforcement provisions of the EAA, 50 U.”
United States v. Reppert, 76 F. Supp. 2d 185 (D. Conn. 1999).
“The defendant's argument that 28 C.F.R. §§ 60.2 (h) and 60.3 require a Naval Criminal Investigative Service agent to seek a Rule 41 warrant is without merit.”
In Re Search of Florilli Corp., 33 F. Supp. 2d 799 (S.D. Iowa 1998).
“28 CFR § 60.2 (i). Her application was supported by a detailed nineteen-page affidavit.”
Jackson v. USA-2255 (D. Maryland 2020).
“Jackson offers no evidence to rebut that information.”
United States v. Leveto (3rd Cir. 2008).
“agents are “federal law enforcement officers” because they are “engaged in enforcing criminal laws” and are “authorized by the Attorney General” to execute warrants under 28 C.F.R. 60.2(a) and 26 U.S.C. 7608(b)(2)(A).”
— 28 C.F.R. § 60.2(a) — 3 cases
Jackson v. USA-2255 (D. Maryland 2020).
“Jackson offers no evidence to rebut that information.”
United States v. Leveto (3rd Cir. 2008).
“agents are “federal law enforcement officers” because they are “engaged in enforcing criminal laws” and are “authorized by the Attorney General” to execute warrants under 28 C.F.R. 60.2(a) and 26 U.S.C. 7608(b)(2)(A).”
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