[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR60.1]

[Page 145-146]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 60--AUTHORIZATION OF FEDERAL LAW ENFORCEMENT OFFICERS TO REQUEST THE ISSUANCE OF A SEARCH WARRANT--Table of Contents
 
Sec. 60.1  Purpose.

    This regulation authorizes certain categories of federal law 
enforcement officers to request the issuance of search warrants under 
Rule 41, Fed. R. Crim. P., and lists the agencies whose officers are so 
authorized. Rule 41(a) provides in part that a search warrant may be 
issued ``upon the request of a federal law enforcement officer,'' and 
defines that term in Rule 41(h) as ``any government agent, * * * who is 
engaged in the enforcement of the criminal laws and is within the 
category of officers authorized by the Attorney General to request the 
issuance of a search

[[Page 146]]

warrant.'' The publication of the categories and the listing of the 
agencies is intended to inform the courts of the personnel who are so 
authorized. It should be noted that only in the very rare and emergent 
case is the law enforcement officer permitted to seek a search warrant 
without the concurrence of the appropriate U.S. Attorney's office. 
Further, in all instances, military agents of the Department of Defense 
must obtain the concurrence of the appropriate U.S. Attorney's Office 
before seeking a search warrant.

[Order No. 826-79, 44 FR 21785, Apr. 12, 1979, as amended by Order No. 
1026-83, 48 FR 37377, Aug. 18, 1983]