Additional grounds for issuing warrant

18 U.S.C. § 3103a

• Title: 18 — Crimes and Criminal Procedure
• Chapter: 205 — SEARCHES AND SEIZURES

Text

(a) In General.—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.
(b) Delay.—With respect to the issuance of any warrant or court order under this section, or any other rule of law, to search for and seize any property or material that constitutes evidence of a criminal offense in violation of the laws of the United States, any notice required, or that may be required, to be given may be delayed if—
(1) 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 ;
(2) 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
(3) 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.
(c) Extensions 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.
(d) Reports.—
(1) Report by judge.—Not later than 30 days after the expiration of a warrant authorizing delayed notice (including any extension thereof) entered under this section, or the denial of such warrant (or request for extension), the issuing or denying judge shall report to the Administrative Office of the United States Courts—
(A) the fact that a warrant was applied for;
(B) the fact that the warrant or any extension thereof was granted as applied for, was modified, or was denied;
(C) the period of delay in the giving of notice authorized by the warrant, and the number and duration of any extensions; and
(D) the offense specified in the warrant or application.
(2) Report by administrative office of the united states courts.—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.
(3) Regulations.—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).

History

(Added Pub. L. 90–351, title IX, §1401(a), June 19, 1968, 82 Stat. 238; amended Pub. L. 107–56, title II, §213, Oct. 26, 2001, 115 Stat. 285; Pub. L. 109–177, title I, §114, Mar. 9, 2006, 120 Stat. 210.)

Editorial Notes

Editorial Notes

Codification
Pub. L. 90–351 enacted section 3103a of this title as part of chapter 204, and Pub. L. 90–462, §3, Aug. 8, 1968, 82 Stat. 638, corrected the chapter designation from 204 to 205.

Amendments
2006—Subsec. (b)(1). Pub. L. 109–177, §114(b), inserted ", except if the adverse results consist only of unduly delaying a trial" after "2705".
Subsec. (b)(3). Pub. L. 109–177, §114(a)(1), added par. (3) and struck out former par. (3) which read as follows: "the warrant provides for the giving of such notice within a reasonable period of its execution, which period may thereafter be extended by the court for good cause shown."
Subsecs. (c), (d). Pub. L. 109–177, §114(a)(2), (c), added subsecs. (c) and (d).
2001—Pub. L. 107–56 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).