Gateway Pundit has reported that the new Senate Judiciary chairman, Lindsey Graham, is challenging the FBI's tactics in the arrest of Roger Stone. And well he should. Before I get to the substance of Graham's letter to Wray, it might be useful to take a quick look at Rule 41 of the Federal Rules of Criminal Procedure, in relevant part:
Rule 41. Search and Seizure
(a) Scope and Definitions.
(2) Definitions. The following definitions apply under this rule:
(B) “Daytime” means the hours between 6:00 a.m. and 10:00 p.m. according to local time.
(e) Issuing the Warrant.
(1) In General. The magistrate judge or a judge of a state court of record must issue the warrant to an officer authorized to execute it.
(2) Contents of the Warrant.
(A) Warrant to Search for and Seize a Person or Property. Except for a tracking-device warrant, the warrant must identify the person or property to be searched, identify any person or property to be seized, and designate the magistrate judge to whom it must be returned. The warrant must command the officer to:
(i) execute the warrant within a specified time no longer than 14 days;
(ii) execute the warrant during the daytime, unless the judge for good cause expressly authorizes execution at another time; and
(iii) return the warrant to the magistrate judge designated in the warrant.
