Page:United States Statutes at Large Volume 91.djvu/354

 91 STAT. 3 2 0

" 18 USC app..

.

PUBLIC LAW 95-78—JULY 30, 1977 " (i) when so directed by a court preliminarily to or in connection with a judicial proceeding; or " ( i i) when permitted by a court at the request of the defendant, upon a showing that grounds may exist for a motion to dismiss the indictment because of matters occurring before the g r and jury. " (3) SEALED INDICTMENTS.—The Federal magistrate to whom an indictment is returned may direct that the indictment be kept secret until the defendant is in custody or has been released pending trial. Thereupon the clerk shall seal the indictment and no person shall disclose the return of the indictment except when necessary for the issuance and execution of a w a r r a n t or summons.". (b) The amendments proposed by the Supreme Court to subdivisions (b) and (c) of rule 23 of such Rules of Criminal Procedure are approved. (c) The amendment proposed by the Supreme Court to rule 24 of such Rules of Criminal Procedure is disapproved and shall not take effect. (d) The amendment proposed by the Supreme Court to such Rules of Criminal Procedure, a d d i n g a new rule designated as rule 40.1, is disapproved and shall not take effect. (e) The amendment proposed by the Supreme Court to subdivision (c) of rule 41 of such Rules of Criminal Procedure is approved in a modified form as follows: Such subdivision (c) of the Federal Rules of Criminal Procedure is amended— (1) by striking out "(c)

ISSUANCE AND C O N T E N T S. — A w a r r a n t s h a l l " and inserting in

lieu thereof the following: "(c)

ISSUANCE AND C O N T E N T S. — " (1) W A R R A N T UPON AFFIDAVIT.—A

warrant

warrant upon oral testimony under paragraph subdivision shall"; and (2) by adding at the end the following: "(2)

i;

o;; i '•<•.;•:

j: r ?

other

than

a

(2) of this

WARRANT UPON ORAL TESTIMONY.— " (A) GENERAL RULE.—If the circumstances make it rea-

sonable to dispense with a written affidavit, a Federal magistrate may issue a w a r r a n t based upon sworn oral testimony communicated by telephone or other a p p r o p r i a t e means. " (B) APPLICATION.—The person who is requesting the w a r r a n t shall prepare a document to be known as a duplicate original w a r r a n t and shall read such duplicate original warrant, verbatim, to the Federal magistrate. The Federal magistrate shall enter, verbatim, what is so read to such magistrate on a document to be known as the original warrant. The Federal magistrate may direct that the w a r r a n t be modified. " (C) ISSUANCE.—If the Federal magistrate is satisfied that the circumstances are such as to make it reasonable to dispense with a written affidavit and that grounds for the application exist or that there is probable cause to believe that they exist, the Federal magistrate shall order the issuance of a w a r r a n t by directing the person requesting the w a r r a n t to sign the Federal magistrate's name on the duplicate original warrant. The Federal magistrate shall immediately sign the original w a r r a n t and enter on the face of the original w a r r a n t the exact time when the w a r r a n t was ordered to be issued. The

�