State or Local Judicial Offi- cer. If a United States magistrate is not reasonably available under rule 5(a), the arrested person shall be brought before a state or local judicial officer author- ized by 18 U.S.C. § 3041, and such officer shall inform the person of the rights specified in rule 5(c) and shall au- thorize the release of the arrested person under the terms provided for by these rules and by 18 U.S.C. § 3146. The judicial officer shall immediately transmit any written order of release and any papers filed before him to the appropriate United States magistrate of the dis- trict and order the arrested person to appear before such United States magistrate within three days if not in custody or at the next regular hour of business of the United States magistrate if the arrested person is re- tained in custody. Upon his appearance before the United States magistrate, the procedure shall be that prescribed in rule 5. Several changes are made to conform the language of the rule to the Federal Magistrates Act.
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