In a Federal case, when arrest is made without a warrant, 
the person arrested should be taken before the nearest 
United States commissioner or, in case it is not practicable 
to reach a commissioner, then before a justice of the peace 
or other officer mentioned in section 1014 of the Revised 
Statutes. As in the previous case, return of warrant is 
made simultaneously with its procuring. 
When a warrant for a Federal offense is returned to the 
United States commissioner, or magistrate, as previously 
provided, either upon previous issue or arrest without war¬ 
rant, the accused, after preliminary hearing or if that is 
waived, is bound over to the Federal court. If he is un¬ 
able to give bond, he must be delivered to the United 
States marshal. 
SEARCH WARRANTS. 
A search warrant may be secured by a forest officer with 
peace powers on his affidavit, from a justice of the peace 
or any other magistrate (United States commissioner in 
Federal cases) for the search of any premises thought on 
reasonable information or belief to contain articles which 
it is desired to seize, or to examine, against the owner’s 
will. A search warrant is equally as necessary to enable 
an officer to lead out a man’s horse and take measurements 
of his tracks, if the owner objects, as it would be to permit 
the seizure and removal of the animal. The same applies, 
strictly speaking, to search of a man’s pack, or buggy, or 
automobile, for evidence of having set a fire. 
A search warrant must specify the exact premises, 
person or owner, and articles involved. Barns or out¬ 
houses, for example, can not be searched on a warrant 
specifying the house only. If, in searching for certain 
articles for whose seizure a warrant has been secured, other 
desired articles are found which the warrant can not be 
construed to cover, another warrant must be secured for 
their seizure. 
Search warrants can be executed only, in the daytime 
(sunrise to sunset) unless night service is specifically 
authorized by the issuing magistrate in the warrant. 
42956—23-5 
