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§ 3116. —  Records of examining magistrate judge; return to clerk of courtRule.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 18USC3116]

 
                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                       PART II--CRIMINAL PROCEDURE
 
                   CHAPTER 205--SEARCHES AND SEIZURES
 
Sec. 3116. Records of examining magistrate judge; return to 
        clerk of court--(Rule)
        
             See Federal Rules of Criminal Procedure

    Magistrate judges and clerks of court to keep records as prescribed 
by Director of the Administrative Office of the United States Courts, 
Rule 55.
    Return or filing of records with clerk, Rule 41(f).

(June 25, 1948, ch. 645, 62 Stat. 821; Pub. L. 90-578, title III, 
Sec. 301(a)(4), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101-650, title 
III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)


                      Historical and Revision Notes

    Section 627 of title 18, U.S.C., 1940 ed., relating to the filing of 
search warrants and companion papers, was omitted as unnecessary in view 
of Rule 41(f) of the Federal Rules of Criminal Procedure.

                       References in Text

    Rule 41(f), referred to in text, was redesignated 41(g) by 1972 
amendment eff. Oct. 1, 1972.


                               Amendments

    1968--Pub. L. 90-578 substituted ``Magistrates'' for 
``Commissioners''.

                         Change of Name

    Words ``magistrate judge'' substituted for ``magistrate'' in section 
catchline and ``Magistrate judges'' substituted for ``Magistrates'' in 
text pursuant to section 321 of Pub. L. 101-650, set out as a note under 
section 631 of Title 28, Judiciary and Judicial Procedure.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a 
later effective date is applicable, which is the earlier of date when 
implementation of amendment by appointment of magistrates [now United 
States magistrate judges] and assumption of office takes place or third 
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see section 
403 of Pub. L. 90-578, set out as a note under section 631 of Title 28, 
Judiciary and Judicial Procedure.



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