Federal · Title 18 — Crimes and Criminal Procedure

18 U.S.C. § 3103a: Additional grounds for issuing warrant

Civil

What this law says, in plain English

This statute establishes procedural rules for issuing search warrants with delayed notice provisions, including conditions courts must meet, notice timelines, and reporting requirements to Congress.

Read the full statutory text
In addition to the grounds for issuing a warrant in section 3103 of this title , a warrant may be issued to search for and seize any property that constitutes evidence of a criminal offense in violation of the laws of the United States. the court finds reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse result (as defined in section 2705, except if the adverse results consist only of unduly delaying a trial) 1 ; 1 So in original. The closing parenthesis probably should follow “section 2705”. the warrant prohibits the seizure of any tangible property, any wire or electronic communication (as defined in section 2510), or, except as expressly provided in chapter 121, any stored wire or electronic information, except where the court finds reasonable necessity for the seizure; and the warrant provides for the giving of such notice within a reasonable period not to exceed 30 days after the date of its execution, or on a later date certain if the facts of the case justify a longer period of delay. Any period of delay authorized by this section may be extended by the court for good cause shown, subject to the condition that extensions should only be granted upon an updated showing of the need for further delay and that each additional delay should be limited to periods of 90 days or less, unless the facts of the case justify a longer period of delay. the fact that a warrant was applied for; the fact that the warrant or any extension thereof was granted as applied for, was modified, or was denied; the period of delay in the giving of notice authorized by the warrant, and the number and duration of any extensions; and the offense specified in the warrant or application. Beginning with the fiscal year ending September 30, 2007 , the Director of the Administrative Office of the United States Courts shall transmit to Congress annually a full and complete report summarizing the data required to be filed with the Administrative Office by paragraph (1), including the number of applications for warrants and extensions of warrants authorizing delayed notice, and the number of such warrants and extensions granted or denied during the preceding fiscal year. The Director of the Administrative Office of the United States Courts, in consultation with the Attorney General, is authorized to issue binding regulations dealing with the content and form of the reports required to be filed under paragraph (1).

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