Title 18Crimes and Criminal ProcedureRelease 119-84

§3116 Records of Examining Magistrate Judge; Return to Clerk of Court—(rule)

Title 18 › Part II— CRIMINAL PROCEDURE › Chapter 205— SEARCHES AND SEIZURES › § 3116

Last updated Apr 22, 2026|Official source

Summary

An older rule about filing search warrants and related papers (from 1940) was removed because the Federal Rules of Criminal Procedure (Rule 41(f)) already handled it. Rule 41(f) was later renumbered as Rule 41(g) by a 1972 change that took effect on Oct. 1, 1972. In 1968, Public Law 90–578 replaced the word “Commissioners” with “Magistrates.” Later, the term “magistrate judge” replaced “magistrate” under Public Law 101–650 (see the note under 28 U.S.C. §631). The 1968 change became effective Oct. 17, 1968, except when a later date applied; that later date was either when magistrates were appointed and took office or the third anniversary of Oct. 17, 1968, whichever came first.

Full Legal Text

Title 18, §3116

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Section 627 of title 18, U.S.C., 1940 ed., relating to the filing of search warrants and companion papers, was omitted as unnecessary in view of Rule 41(f) of the Federal Rules of Criminal Procedure.

Editorial Notes

References in Text

Rule 41(f), referred to in text, was redesignated 41(g) by 1972 amendment eff. Oct. 1, 1972.

Amendments

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

Statutory Notes and Related Subsidiaries

Change of Name

Words “magistrate judge” substituted for “magistrate” in section catchline and “Magistrate judges” substituted for “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 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

18 U.S.C. § 3116

Title 18Crimes and Criminal Procedure

Last Updated

Apr 22, 2026

Release point: 119-84