D.S.D. Crim. LR 41.1

A. Presentation. A search warrant application ordinarily should be presented

to a magistrate judge, but it may be presented to a district judge if no

magistrate judge is reasonably available. If no federal magistrate or district

judge is reasonably available, a search warrant may be presented to a state

judicial officer.

Copies of the application, the proposed search warrant, and any supporting

affidavits must be delivered to the judge for his or her private review before a

request is made for the judge to sign the warrant. In an emergency situation,

the judge may waive this requirement.

B. Lawyer for Government. Ordinarily, a law enforcement officer presenting a

search warrant application to a judge should be accompanied by a lawyer for

the government. If justified by unusual circumstances, a 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

reasonably available, a district judge may be contacted away from the

courthouse, including at his or her home, for purposes of entertaining a

search warrant application.

D. Initial Sealing of Search Warrant Documents. When a search warrant is

issued, a case is opened. The case is sealed until the warrant is returned; at

which time the case is unsealed unless otherwise ordered by the court.