Criminal procedure: search and seizure

The cards

1. FRCrP 41Search and Seizure
2. FRCrP 41(c): A warrant may be issued for any of the following
   1. 1evidence of a crime
   2. 2contraband, fruits of crime, or other items illegally possessed
   3. 3property designed for use, intended for use, or used in committing a crime
   4. 4a person to be arrested or a person who is unlawfully restrained
3. FRCrP 41(d)(1): In GeneralAfter receiving an affidavit or other information, a magistrate judge—or if authorized by Rule 41(b), a judge of a state court of record—must issue the warrant if there is probable cause to search for and seize a person or property or to install and use a tracking device.
4. FRCrP 41(d)(2)(A): Warrant on an AffidavitWhen a federal law enforcement officer or an attorney for the government presents an affidavit in support of a warrant, the judge may require the affiant to appear personally and may examine under oath the affiant and any witness the affiant produces.
5. FRCrP 41(d)(2)(B): Warrant on Sworn TestimonyThe judge may wholly or partially dispense with a written affidavit and base a warrant on sworn testimony if doing so is reasonable under the circumstances.
6. FRCrP 41(e)(2)(A): Warrant to Search for and Seize a Person or Property
   1. 1execute the warrant within a specified time no longer than 14 days
   2. 2execute the warrant during the daytime, unless the judge for good cause expressly authorizes execution at another time
   3. 3return the warrant to the magistrate judge designated in the warrant
   Except for a tracking-device warrant, the warrant must identify the person or property to be searched, identify any person or property to be seized, and designate the magistrate judge to whom it must be returned. The warrant must command the officer to:
7. FRCrP 41(f)(1)(A): Noting the TimeThe officer executing the warrant must enter on it the exact date and time it was executed.
8. FRCrP 41(f)(1)(B): InventoryAn officer present during the execution of the warrant must prepare and verify an inventory of any property seized. The officer must do so in the presence of another officer and the person from whom, or from whose premises, the property was taken. If either one is not present, the officer must prepare and verify the inventory in the presence of at least one other credible person. In a case involving the seizure of electronic storage media or the seizure or copying of electronically stored information, the inventory may be limited to describing the physical storage media that were seized or copied. The officer may retain a copy of the electronically stored information that was seized or copied.
9. FRCrP 41(f)(1)(C): ReceiptThe officer executing the warrant must give a copy of the warrant and a receipt for the property taken to the person from whom, or from whose premises, the property was taken or leave a copy of the warrant and receipt at the place where the officer took the property. For a warrant to use remote access to search electronic storage media and seize or copy electronically stored information, the officer must make reasonable efforts to serve a copy of the warrant and receipt on the person whose property was searched or who possessed the information that was seized or copied. Service may be accomplished by any means, including electronic means, reasonably calculated to reach that person.
10. FRCrP 41(f)(1)(D): ReturnThe officer executing the warrant must promptly return it—together with a copy of the inventory—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.
11. FRCrP 41(g): Motion to Return PropertyA person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property’s return. The motion must be filed in the district where the property was seized. The court must receive evidence on any factual issue necessary to decide the motion. If it grants the motion, the court must return the property to the movant, but may impose reasonable conditions to protect access to the property and its use in later proceedings.
12. FRCrP 41(h): Motion to SuppressA defendant may move to suppress evidence in the court where the trial will occur, as Rule 12 provides.

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