TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 4, 2012
RE: Rule 4.1, N.D.R.Crim.P., Complaint, Warrant, or Summons by Telephone or Other Reliable Electronic Means; Rule 3, N.D.R.Crim.P., The Complaint; Rule 4, N.D.R.Crim.P., Arrest Warrant or Summons Upon Complaint; Rule 9, N.D.R.Crim.P., Warrant or Summons Upon Indictment or Information; Rule 41, N.D.R.Crim.P., Search and Seizure
New Fed.R.Crim.P. 4.1 took effect December 1, 2011. The rule essentially is a modernization and redrafting of the parts of Fed.R.Crim.P. 41 that authorized the issuance of search warrants by remote communication and electronic transmission. Companion rule amendments allow the use of information submitted by reliable electronic means to be used when a court reviews a complaint and considers issuance of an arrest warrant or summons.
Proposed new N.D.R.Crim.P. 4.1 is based on the new federal rule. Amendments to N.D.R.Crim.P. 3, 4, 9 and 41 are proposed to implement the "reliable electronic means" option for complaints, arrest warrants, summons and search warrants. The most extensive amendments are to Rule 41, which now contains a provision on "warrant on remote communication" and a separate provision on "warrant by electronic transmission." Under the proposed amendments, these provisions would be removed from Rule 41.
The proposed new Rule 4.1 and the associated rule amendments are attached in addition to a copy of Fed.R.Crim.P. 4.1 with commentary.