§ 3103a. Additional grounds for issuing warrant

Statutory text

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.

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—

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 ;

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.

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.

Reports.—

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—

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.

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.

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).

Footnotes

1 So in original. The closing parenthesis probably should follow “section 2705”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1968
Omnibus Crime Control and Safe Streets Act of 1968
Pub. L. 90–351 title IX § 1401(a) · 82 Stat. 197
Enacted · 18 U.S.C. § 3103a
Added Pub. L. 90–351, title IX, § 1401(a), June 19, 1968, 82 Stat. 238
Source evidence
Code source credit
Added Pub. L. 90–351, title IX, § 1401(a), June 19, 1968, 82 Stat. 238
Enacted provision · exact public law section
(a) Chapter 204 of title 18, United States Code, is amended by inserting immediately after section 3103 the following new section: “§ 3103a. Additional grounds for issuing warrant 62 Stat. 819. “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.”
2001
International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001
Pub. L. 107–56 title II § 213 · 115 Stat. 272
1. Amended · 18 U.S.C. § 3103a
  Pub. L. 107–56 designated existing provisions as subsec. (a)
2. Inserted · 18 U.S.C. § 3103a
  Pub. L. 107–56 inserted heading
3. Added · 18 U.S.C. § 3103a
  Pub. L. 107–56 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 107–56 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Enacted provision · exact public law section
SEC. 213. AUTHORITY FOR DELAYLNG NOTICE OF THE EXECUTION OF A WARRANT. Section 3103a of title 18, United States Code, is amended— (1) by inserting “(a) In General.—” before “In addition”; and (2) by adding at the end the following: “(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); “(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 of its execution, which period may thereafter be extended by the court for good cause shown.”.
2006
USA PATRIOT Improvement and Reauthorization Act of 2005
Pub. L. 109–177 § 114(b) · 120 Stat. 192
Inserted · 18 U.S.C. § 3103a(b)(1)
Pub. L. 109–177, § 114(b), inserted “, except if the adverse results consist only of unduly delaying a trial” after “2705”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 109–177, § 114(b), inserted “, except if the adverse results consist only of unduly delaying a trial” after “2705”.
Enacted provision · exact public law section
(b) Limitation on Authority to Delay Notice.— Section 3103a(b)(1) of title 18, United States Code, is amended by inserting “, except if the adverse results consist only of unduly delaying a trial” after “2705”.
2006
USA PATRIOT Improvement and Reauthorization Act of 2005
Pub. L. 109–177 § 114(a)(1) · 120 Stat. 192
1. Added · 18 U.S.C. § 3103a(b)(3)
  Pub. L. 109–177, § 114(a)(1), added par. (3)
2. Struck · 18 U.S.C. § 3103a(b)(3)
  Pub. L. 109–177, § 114(a)(1), 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.”
Source evidence
Code amendment note
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.”
Enacted provision · exact public law section
(1) by striking subsection (b)(3) and inserting the following: “(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.” .
2006
USA PATRIOT Improvement and Reauthorization Act of 2005
Pub. L. 109–177 § 114(a)(2) · 120 Stat. 192
Added · 18 U.S.C. § 3103a(c); 18 U.S.C. § 3103a(d)
Pub. L. 109–177, § 114(a)(2), (c), added subsecs. (c) and (d)
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 109–177, § 114(a)(2), (c), added subsecs. (c) and (d).
Enacted provision · exact public law section
(2) by adding at the end the following: “(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.” .

8 of 8 references resolved to an enrolled provision

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.

Amendments2001–2006 · 2 rounds

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).

Credits

1968–2006 · 3 acts

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

Show as published

(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.)