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- Mar 25, 2012
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Yes, they absolutely can under the Investigative Assistance for Violent Crimes Act. It’s literally the entire premise of Safe Streets Task Forces.The FBI cannot obtain a federal warrant for a crime that pertains only to a state criminal statute/matter, and by definition if a federal criminal statute has been violated it supersedes a similar state one. That the FBI was able to obtain a federal warrant regarding this case is prima facie evidence that necessary components exist within this crime to make it a federal crime. Which then makes the FBI the primary investigators of this crime.
JMO.
For a WS-centric example, the FBI obtained search warrants to search the house and property of RL in the Delphi case, which was a state case the FBI was providing assistance on. There were never federal charges pending or investigated in that case.
JMO