Common use of Changes Made After Publication and Comment Clause in Contracts

Changes Made After Publication and Comment. The Committee agreed with the NADCL [sic] proposal that the words ‘‘has authority’’ should be inserted in Rule 41(c)(3), and (4) to parallel similar language in Rule 41(c)(1) and (2). The Committee also considered, but re- jected, a proposal from XXXXX [sic] to completely re- draft Rule 41(d), regarding the finding of probable cause. The Committee also made minor clarifying changes in the Committee Note. COMMITTEE NOTES ON RULES—2008 AMENDMENT Subdivision (b)(5). Rule 41(b)(5) authorizes a mag- istrate judge to issue a search warrant for property lo- cated within certain delineated parts of United States jurisdiction that are outside of any State or any federal judicial district. The locations covered by the rule in- clude United States territories, possessions, and com- monwealths not within a federal judicial district as well as certain premises associated with United States diplomatic and consular missions. These are locations in which the United States has a legally cognizable in- terest or in which it exerts lawful authority and con- trol. The rule is intended to authorize a magistrate judge to issue a search warrant in any of the locations for which 18 U.S.C. § 7(9) provides jurisdiction. The dif- xxxxxxx between the language in this rule and the stat- ute reflect the style conventions used in these rules, rather than any intention to alter the scope of the legal authority conferred. Under the rule, a warrant may be issued by a magistrate judge in any district in which activities related to the crime under investiga- tion may have occurred, or in the District of Columbia, which serves as the default district for venue under 18 U.S.C. § 3238. Rule 41(b)(5) provides the authority to issue warrants for the seizure of property in the designated locations when law enforcement officials are required or find it desirable to obtain such warrants. The Committee takes no position on the question whether the Con- stitution requires a warrant for searches covered by the rule, or whether any international agreements, trea- ties, or laws of a foreign nation might be applicable. The rule does not address warrants for persons, which could be viewed as inconsistent with extradition re- quirements.

Changes Made After Publication and Comment. The Committee agreed with the NADCL [sic] proposal that the words ‘‘has authority’’ should be inserted in Rule 41(c)(3), and (4) to parallel similar language in Rule 41(c)(1) and (2). The Committee also considered, but re- jected, a proposal from XXXXX [sic] to completely re- draft Rule 41(d), regarding the finding of probable cause. The Committee also made minor clarifying changes in the Committee Note. COMMITTEE NOTES ON RULES—2008 AMENDMENT Subdivision (b)(5). Rule 41(b)(5) authorizes a mag- istrate judge to issue a search warrant for property lo- cated within certain delineated parts of United States jurisdiction that are outside of any State or any federal judicial district. The locations covered by the rule in- clude United States territories, possessions, and com- monwealths not within a federal judicial district as well as certain premises associated with United States diplomatic and consular missions. These are locations in which the United States has a legally cognizable in- terest or in which it exerts lawful authority and con- trol. The rule is intended to authorize a magistrate judge to issue a search warrant in any of the locations for which 18 U.S.C. § 7(9) provides jurisdiction. The dif- xxxxxxx between the language in this rule and the stat- ute reflect the style conventions used in these rules, rather than any intention to alter the scope of the legal authority conferred. Under the rule, a warrant may be issued by a magistrate judge in any district in which activities related to the crime under investiga- tion may have occurred, or in the District of Columbia, which serves as the default district for venue under 18 U.S.C. § 3238. Rule 41(b)(5) provides the authority to issue warrants for the seizure of property in the designated locations when law enforcement officials are required or find it desirable to obtain such warrants. The Committee takes no position on the question whether the Con- stitution requires a warrant for searches covered by the Rule 41 TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Page 158 rule, or whether any international agreements, trea- ties, or laws of a foreign nation might be applicable. The rule does not address warrants for persons, which could be viewed as inconsistent with extradition re- quirements.