US · rules
S.D. Iowa LCrR 41
Search Warrants
a. Presentation. A search warrant application ordinarily should be presented to a magistrate
judge, but it may be presented to a district court judge if no magistrate judge is available. If no
federal judge is reasonably available, a search warrant may be presented to a state or local
judicial officer.
The application, the proposed search warrant, and any supporting affidavits must be delivered
to the magistrate judge for his or her private review before a request is made for the magistrate
judge to sign the warrant. For good cause shown, the magistrate judge may waive this
requirement.
b. Lawyer for Government. Ordinarily, an officer presenting a search warrant application to a
magistrate judge should be accompanied by a lawyer for the government. If justified by
unusual circumstances, a magistrate judge may entertain a search warrant application from an
officer who is not accompanied by a lawyer for the government.
c. Emergencies. In an emergency situation, a magistrate judge may be contacted away from the
courthouse, including at his or her home, for purposes of entertaining a search warrant
application. If no magistrate judge is available, a district court judge may be contacted away
from the courthouse, including at his or her home, for purposes of entertaining a search warrant
application.
Provenance
- Source
- www.iasd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
36616030fbdae81a5468959b5a660ea7737ec6a222da32ef52e9ac4e3c7fa6fe
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