18 U.S.C. § 3102

Authority to issue search warrant—(Rule)

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See Federal Rules of Criminal Procedure

Federal, State or Territorial Judges, or U.S. magistrate judges authorized to issue search warrants, Rule 41(a).

(June 25, 1948, ch. 645, 62 Stat. 819; Pub. L. 90–578, title III, § 301(a)(4), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)Editorial NotesAmendments

1968—Pub. L. 90–578 substituted “magistrates” for “Commissioners”.

Statutory Notes and Related SubsidiariesChange of Name

“U.S. magistrate judges” substituted for “U.S. magistrates” in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1968–2024 · leading case: United States v. Levin, 186 F. Supp. 3d 26 (D. Mass. 2016).

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United States v. Levin, 186 F. Supp. 3d 26 (D. Mass. 2016). “2d at 1334 ; 18 U.S.C. § 3102 , and district judges are not subject to the limitations set forth in Rule 41(b).”

United States v. Krueger, 809 F.3d 1109 (10th Cir. 2015). “” You might wonder if this language suggests that, at least when it comes to search warrants, magistrate judges need only abide "Rule 41(a)” — now Rule 41(b) — and no other law. Under this interpretation, magistrate judges would be statutorily authorized to issue search warrants…”

UNITED STATES of Am., Plaintiff-Appellee, v. Larry Joseph LEWIS, Defendant-Appellant, 67 F.3d 225 (9th Cir. 1995). “18 U.S.C. § 3102 (b) (1988). The government recognizes that § 3101(12) appears linguistically to exclude HKSB’s Portland branch from the effect of § 1344(b)(5)’s “operating under the laws of the United States” language.”

United States v. Moderacki, 280 F. Supp. 633 (D. Del. 1968). “There was no search warrant although one could have been easily and swiftly secured as the search occurred in the Federal Building in Wilmington, Delaware, which houses the offices of a United States Commissioner and three United States District Court Judges, each authorized to…”

Vela v. Porterville Police Dep't (E.D. Cal. 2024). · cites it 3× “Plaintiff Fails to State a Cognizable Federal Claim 8 Plaintiff alleges the following federal statutes are at issue: 18 U.S.C. § 3102 , FOIA, and 5 9 U.S.C. § 552 .”

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