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Proposed new F.R.Crim.P. 4.1 for 2011

By John Wesley Hall, Jr.

The Federal Rules Committee has proposed a new F.R.Crim. P. 4.1 on applications for warrants, which will replace some of Rule 41 effective December 1, 2011: Rule 4.1. Complaint, Warrant, or Summons by Telephone or Other Reliable Electronic Means (a) In General. A magistrate judge may consider information communicated by telephone or other reliable electronic means when deciding whether to approve a complaint or to issue a warrant or summons. (b) Procedures. If a magistrate judge decides to proceed under this rule, the following procedures apply: (1) Taking Testimony Under Oath. The judge must place under oath — and may examine — the applicant and any person on whose testimony the application is based. (2) Recording Testimony...continue to full post

Full post as published by Fourth Amendment on February 25, 2010 (boomark / email).