AO 104
Tracking Warrant
AO 104, Tracking Warrant, is a warrant a judge of a United States District Court issues to any authorized law enforcement officer. It rests on an application by a federal law enforcement officer or an attorney for the government and covers using an object, or installing and using a tracking device, to monitor the location of a person, property or object. The U.S. Courts list it under Law Enforcement, Grand Jury, and Prosecution Forms. The current version is Rev. 07/16, and the U.S. Courts page lists it as effective on July 1, 2016.
Page 1 is the warrant itself: the judge's findings, the dates for starting and ending use of the device, the entry and timing allowed, the return, and any delayed notice. Page 2 is the return, which the executing officer completes with installation or without installation and certifies under penalty of perjury. It is a court-issued warrant, not a form members of the public file.
This page explains the form in plain words and is not legal advice. You can fill it out free in your browser on this page and download the result without an account.
The district, the case title In the Matter of the Tracking of, the case number, and the judge's findings on location and on probable cause for using the object or installing and using a tracking device under Fed. R. Crim. P. 41(c).
An optional finding that entry into a named vehicle or onto named private property is necessary without approval or knowledge of the owner, custodian or user, with boxes for the vehicle or property and for daytime 6:00 a.m. to 10:00 p.m. or any time for good cause.
A date to begin use or complete installation, no later than 10 days from the date the warrant was issued, and a date use may continue until, no later than 45 days from that date. Tracking may occur within this district or another district.
The return to the United States Magistrate Judge named, and a box for delayed notice under 18 U.S.C. § 3103a(b)(1) for a number of days, not to exceed 30, or until a later specific date.
With installation: the dates and times the device was installed, maintained and removed and the period it was used. Without installation: the date the warrant was executed and the period the tracking information was obtained from.
The executing officer declares under penalty of perjury that the return is correct and was returned along with the original warrant to the designated judge, then dates and signs it with a printed name and title.
Enter the district, identify the person, property or object to be tracked, and add the case number.
Check the location box that applies and whether the warrant covers using the object or installing and using a tracking device. If entry is found necessary, check that box and describe the vehicle or property.
Enter the date to begin use, no later than 10 days from issue, and the date use ends, no later than 45 days from issue. Check the entry and daytime or any time boxes that apply.
Enter the United States Magistrate Judge the warrant is returned to. If delayed notice is authorized, check the box and enter the days, not to exceed 30, or a later specific date.
The judge enters the date and time issued and the city and state, signs, and adds a printed name and title.
After tracking ends, the executing officer completes the With Installation or Without Installation return on page 2 and signs the certification.
You get the real form, filled in a browser tab, with nothing standing between you and the finished PDF.
The warrant is captioned for the United States District Court for the district named at the top and signed by a judge. It says the tracking may occur within this district or another district.
The form says that within 10 calendar days after the use of the tracking device has ended, the officer executing the warrant returns it to the United States Magistrate Judge named on page 1.
Unless delayed notice is authorized, the executing officer serves a copy of the warrant on the person who, or whose property or object, was tracked. Delayed notice is for a number of days, not to exceed 30, or until a later specific date the facts justify.
The delayed notice finding refers to an adverse result listed in 18 U.S.C. § 2705 (except for delay of trial) and says the warrant prohibits the seizure of any tangible property or any wire or electronic communications (as defined in 18 U.S.C § 2510).
The form and its U.S. Courts page do not print a fee.
AO 102
28 fields, 1 page
AO 103
13 fields, 1 page
AO 93
28 fields, 2 pages
AO 106
28 fields, 1 page
AO 106A
29 fields, 1 page
The warrant names who issues it, who executes it and who completes the return.
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A judge of the United States District Court signs and issues it to any authorized law enforcement officer, on an application by a federal law enforcement officer or an attorney for the government. It is not a form members of the public file.
The form sets a date to begin use or complete installation, no later than 10 days from the date the warrant was issued, and a date use may continue until, no later than 45 days from the date the warrant was issued.
The judge checks either in the daytime 6:00 a.m. to 10:00 p.m. or at any time in the day or night because good cause has been established.
The form says within 10 calendar days after the use of the tracking device has ended, to the United States Magistrate Judge named on the warrant.
The form says the executing officer serves a copy of the warrant on the person who, or whose property or object, was tracked, unless delayed notice is authorized. Delayed notice is for a number of days, not to exceed 30, or until a later specific date.
The return. With installation, it records when the device was installed, maintained, removed and used. Without installation, it records the date the warrant was executed and the period the tracking information was obtained. The executing officer certifies it under penalty of perjury.
No. This page explains the form in plain words and is not legal advice.