Page:United States Statutes at Large Volume 91.djvu/355

 9 1 STAT. 321

PUBLIC LAW 95-78—JULY 30, 1977 finding of probable cause for a w a r r a n t upon oral testimony may be based on the same kind of evidence as is sufficient for a w a r r a n t upon affidavit. "(D)

RECORDING AND CERTIFICATION OF TESTIMONY.—Wben

a caller informs the Federal magistrate that the purpose of the call is to request a warrant, the Federal magistrate shall immediately place under oath each person whose testimony forms a basis of the application and each person applying for that warrant. I f a voice recording device is available, the Federal magistrate shall record by means of such device all of the call after the caller informs the Federal magistrate that the purpose of the call is to request a warrant. Otherwise a stenographic or longhand verbatim record shall be made. I f a voice recording device is used or a stenographic record made, the Federal magistrate shall have the record t r a n scribed, shall certify the accuracy of the transcription, and shall file a copy of the original record and the transcription with the court. If a longhand verbatim record is made, the Federal magistrate shall file a signed copy with the court. " (E) CONTENTS.—The contents of a w a r r a n t upon oral testimony shall be the same as the contents of a w a r r a n t upon affidavit. "(F)

ADDITIONAL RULE FOR EXECUTION.—The person

who

executes the w a r r a n t shall enter the exact time of execution on the face of the duplicate original warrant. "(G)

MOTION TO SUPPRESS PRECLUDED,—Absent a finding of

bad faith, evidence obtained pursuant to a w a r r a n t issued under this paragraph is not subject to a motion to suppress on the ground that the circumstances were not such as to make it reasonable to dispense with a written affidavit.". SEC. 3. Section 1446 of title 28 of the United States Code is amended as follows: (a) Subsection (c) is amended to read as follows: " (c)(1) A petition for removal of a criminal prosecution shall be Removal petition, filed not later than t h i r t y days after the arraignment in the State court, or at any time before trial, whichever is earlier, except that for good cause shown the United States district court may enter an order g r a n t i n g the petitioner leave to file the petition at a later time. " (2) A petition for removal of a criminal prosecution shall include all grounds for such removal. A failure to state grounds which exist at the time of the filing of the petition shall constitute a waiver of such grounds, and a second petition may be filed only on grounds not existing at the time of the original petition. For good cause shown, the United States district court may g r a n t relief from the limitations of this paragraph. " (3) The filing of a petition for removal of a criminal prosecution shall not prevent the State court in which such prosecution is pending from proceeding further, except that a judgment of conviction shall not be entered unless the petition is first denied. " (4) The United States district court to which such petition is directed shall examine the petition promptly. I f it clearly appears on the face of the petition and any exhibits annexed thereto that the petition for removal should not be granted, the court shall make an order for its summary dismissal. " (5) If the United States district court does not order the summary Hearing. dismissal of such petition, it shall order an evidentiary hearing to be held promptly and after such hearing shall make such disposition of

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