In re Search Warrant

Whether the Court can issue a search warrant for production of electronic evidence outside of the Court’s jurisdiction in a non-terrorism case.

The Court reversed the magistrate’s denial of a search warrant. The Court determined that jurisdiction meant “territorial jurisdiction,” and used statutory interpretation canons to determine that any other reading would render the language superfluous. Further, the change in language of Fed. R. Crim. P. 41 from “under” to “using the procedures described in” simply meant the search warrant had to be obtained using the normal procedural elements of Rule 41. Therefore, under the Patriot Act and Fed. R. Crim. P. 41, the Court determined that search warrants could be issued in non-terrorism related cases from courts with territorial jurisdiction to courts in different districts.