Also known as: Magistrate Judge · U.S. Magistrate Judge · United States Magistrate Judge · USMJ · federal magistrate judge
Written by attorneys · grounded in primary & secondary sources — see below
A federal judicial officer who may review complaints and supporting affidavits communicated by electronic means when deciding whether to issue a warrant or summons, and before whom an initial appearance must be held if the defendant is arrested in the district where the offense was allegedly committed, unless no magistrate judge is reasonably available.
Federal agents submit a complaint against Miranda Morales by email after hours. The magistrate judge reviews the sworn statements and supporting affidavits over a secure video link, places the agent under oath, and issues a summons directing Morales to appear.
Madison Meyers is arrested in the district where the alleged offense occurred. No magistrate judge is available that evening, so officers bring her before a state judicial officer for the initial appearance as permitted by the rules.
Miles Montgomery moves to suppress evidence seized during a search. The district judge refers the motion to a magistrate judge, who conducts an evidentiary hearing and issues a report recommending denial based on the good-faith exception.
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Maya Malik moves to disqualify the assigned magistrate judge after learning of the judge's prior campaign contributions from a party. The magistrate judge discloses the relationship on the record and steps aside to avoid any appearance of partiality.
Megan Moore appears for arraignment with two codefendants. The magistrate judge appoints a single attorney for all three without separate conflict inquiries, later prompting a post-conviction challenge to the joint representation.
Melissa Mills faces charges for distributing materials alleged to violate federal law. The magistrate judge presides over a pretrial hearing and excludes certain evidence after determining it falls outside protected categories under the First Amendment.
A magistrate judge may review a complaint and supporting affidavits communicated by telephone or other reliable electronic means when deciding whether to issue a warrant or summons. The judge must place the applicant under oath and may examine the applicant and any witnesses before issuing process.
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If the defendant is arrested in the district where the offense was allegedly committed, the initial appearance must be held in that district before a magistrate judge if one is reasonably available. Only when no magistrate judge is reasonably available may the appearance proceed before a state or local judicial officer.
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Yes. Under local rules a magistrate judge may issue scheduling orders and refer matters to masters or other judicial officers as part of pretrial management in civil actions.
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…about risks to officers or the destruction of evidence by permitting police to obtain a "no-knock" search warrant from a magistrate judge, thereby assuring police that a prior announcement is not necessary. Richards , 520 U. S., at 396, n. 7 (collecting state statutes). While such a procedure cannot remove all uncertainty,…