The Federal Rules of Criminal Procedure

Abstract

Rule 4 is amended in three respects to make the arrest warrant process more efficient through the use of technology.Subdivision (c).First, Rule 4(c)(3)(A) authorizes a law enforcement officer to retain a duplicate original arrest warrant, consistent with the change to subdivision (d), which permits a court to issue an arrest warrant electronically rather than by physical delivery.The duplicate original warrant may be used in lieu of the original warrant signed by the magistrate judge to satisfy the requirement that the defendant be shown the warrant at or soon after an arrest.Cf.Rule 4.1(b)(5) (providing for a duplicate original search warrant).Second, consistent with the amendment to Rule 41(f), Rule 4(c)(4)(A) permits an officer to make a return of the arrest warrant electronically.Requiring an in-person return can be burdensome on law enforcement, particularly in large districts when the return can require a great deal of time and travel.In contrast, no interest of the accused is affected by allowing what is normally a ministerial act to be done electronically.Subdivision (d).Rule 4(d) provides that a magistrate judge may issue an arrest warrant or summons based on information submitted electronically rather than in person.This change works in conjunction with the amendment to Rule 3, which permits a magistrate judge to consider a criminal complaint and accompanying documents that are submitted electronically.Subdivision (d) also incorporates the procedures for applying for and issuing electronic warrants set forth in Rule 4.1.Changes Made to