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Title 18 — Crimes and Criminal Procedure

Part II · Chapter 205 — Searches and Seizures

§ 3102. Authority to issue search warrant—(Rule)

Statutory text

See Federal Rules of Criminal Procedure Federal, State or Territorial Judges, or U.S. magistrate judges authorized to issue search warrants, Rule 41(a).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 80–645 · 62 Stat. 683

    Enacted · 18 U.S.C. § 3102

    June 25, 1948, ch. 645, 62 Stat. 819

    Source evidence

    Code source credit
    June 25, 1948, ch. 645, 62 Stat. 819

  2. Federal Magistrates Act

    Pub. L. 90–578 title III § 301(a)(4) · 82 Stat. 1107

    Substituted · 18 U.S.C. § 3102

    Pub. L. 90–578 substituted “magistrates” for “Commissioners”

    Source evidence

    Code amendment note
    Pub. L. 90–578 substituted “magistrates” for “Commissioners”.

    Enacted provision · exact public law section
    (4) striking out the word “Commissioners” wherever it appears in relation to United States commissioners, and inserting in lieu thereof the word “magistrates”.

    Effective date note
    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.

1 of 2 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments

1968—Pub. L. 90–578 substituted “magistrates” for “Commissioners”.

Statutory Notes and Related Subsidiaries

Change of Name

“U.S. magistrate judges” substituted for “U.S. 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 , 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 , see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Credits

1948–1990 · 3 acts
  1. 1948June 25, 1948, ch. 645, 62 Stat. 819
  2. 1968Pub. L. 90–578, title III, § 301(a)(4), , 82 Stat. 1115
  3. 1990Pub. L. 101–650, title III, § 321, , 104 Stat. 5117.
Show as published

(June 25, 1948, ch. 645, 62 Stat. 819; Pub. L. 90–578, title III, § 301(a)(4), , 82 Stat. 1115; Pub. L. 101–650, title III, § 321, , 104 Stat. 5117.)

Parsed from the official OLRC USLM XML in data/usc_all/usc18.xml · release point 119-108 · OLRC build 2026-05-04

USLM identifier /us/usc/t18/s3102