§ 2000aa. Searches and seizures by government officers and employees in connection with investigation or prosecution of criminal offenses
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(a)Work product materials Notwithstanding any other law, it shall be unlawful for a government officer or employee, in connection with the investigation or prosecution of a criminal offense, to search for or seize any work product materials possessed by a person reasonably believed to have a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication, in or affecting interstate or foreign commerce; but this provision shall not impair or affect the ability of any government officer or employee, pursuant to otherwise applicable law, to search for or seize such materials, if—
(1)there is probable cause to believe that the person possessing such materials has committed or is committing the criminal offense to which the materials relate: Provided, however, That a government officer or employee may not search for or seize such materials under the provisions of this paragraph if the offense to which the materials relate consists of the receipt, possession, communication, or withholding of such materials or the information contained therein (but such a search or seizure may be conducted under the provisions of this paragraph if the offense consists of the receipt, possession, or communication of information relating to the national defense, classified information, or restricted data under the provisions of section 793, 794, 797, or 798 of title 18, or section 2274, 2275, or 2277 of this title, or section 783 of title 50, or if the offense involves the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, the sexual exploitation of children, or the sale or purchase of children under section 2251, 2251A, 2252, or 2252A of title 18); or
(2)there is reason to believe that the immediate seizure of such materials is necessary to prevent the death of, or serious bodily injury to, a human being.
(b)Other documents Notwithstanding any other law, it shall be unlawful for a government officer or employee, in connection with the investigation or prosecution of a criminal offense, to search for or seize documentary materials, other than work product materials, possessed by a person in connection with a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication, in or affecting interstate or foreign commerce; but this provision shall not impair or affect the ability of any government officer or employee, pursuant to otherwise applicable law, to search for or seize such materials, if—
(1)there is probable cause to believe that the person possessing such materials has committed or is committing the criminal offense to which the materials relate: Provided, however, That a government officer or employee may not search for or seize such materials under the provisions of this paragraph if the offense to which the materials relate consists of the receipt, possession, communication, or withholding of such materials or the information contained therein (but such a search or seizure may be conducted under the provisions of this paragraph if the offense consists of the receipt, possession, or communication of information relating to the national defense, classified information, or restricted data under the provisions of section 793, 794, 797, or 798 of title 18, or section 2274, 2275, or 2277 of this title, or section 783 of title 50, or if the offense involves the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, the sexual exploitation of children, or the sale or purchase of children under section 2251, 2251A, 2252, or 2252A of title 18);
(2)there is reason to believe that the immediate seizure of such materials is necessary to prevent the death of, or serious bodily injury to, a human being;
(3)there is reason to believe that the giving of notice pursuant to a subpena duces tecum would result in the destruction, alteration, or concealment of such materials; or
(4)such materials have not been produced in response to a court order directing compliance with a subpena duces tecum, and—
(A)all appellate remedies have been exhausted; or
(B)there is reason to believe that the delay in an investigation or trial occasioned by further proceedings relating to the subpena would threaten the interests of justice.
(c)Objections to court ordered subpoenas; affidavits In the event a search warrant is sought pursuant to paragraph (4)(B) of subsection (b), the person possessing the materials shall be afforded adequate opportunity to submit an affidavit setting forth the basis for any contention that the materials sought are not subject to seizure.
(Pub. L. 96–440, title I, § 101, Oct. 13, 1980, 94 Stat. 1879; Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 121[6]], Sept. 30, 1996, 110 Stat. 3009, 3009–26, 3009–30.)
Connections53 cite this · traces to 1
Cited by 53 sections · top 42
CFR
register
statutes-at-large
- Public Law 96–440To limit governmental search and seizure of documentary materials possessed by persons, to provide a remedy for persons aggrieved by violations of the provisions of this Act, and for other purposes
- Public Law 104–207Waiving certain enrollment requirements with respect to any bill or joint resolution of the One Hundred Fourth Congress making genera) or continuing appropriations for fiscal year 1997
bill
- Sec. 171Application with other Federal laws
- Sec. 171Application with other Federal laws
- Sec. 171Application with other Federal laws
- Sec. 171Application with other Federal laws
- Sec. 171Application with other Federal laws
- Sec. 501Relation to other Federal law
- Sec. 18Relation to other laws
- Sec. 7Relation to other laws
- Sec. 6Use of term child sexual abuse material
- Sec. 7Use of term child sexual abuse material
- Sec. 7Use of term child sexual abuse material
- Sec. 502Relation to other Federal law
- Sec. 2Definitions
- Sec. 6Use of term child sexual abuse material
- Sec. 6Use of term child sexual abuse material
- Sec. 7Relation to other laws
- Sec. 502Relation to other Federal law
- Sec. 3Use of term child sexual abuse material
- Sec. 4Use of term child sexual abuse material
- Sec. 6Use of term child sexual abuse material
- Sec. 6Use of term child sexual abuse material
- Sec. 7Relation to other laws
- Sec. 205Use of term child sexual abuse material
- Sec. 2Definitions
- Sec. 7Relation to other laws
- Sec. 502Relation to other Federal law
- Sec. 4Required disclosures in warrant application
- Sec. 5Clarifying possession of materials on the cloud
- Sec. 4Required disclosures in warrant application
- Sec. 5Clarifying possession of materials on the cloud
Traces to 1 document
U.S. Code
9 references not yet in our index
- Pub. L. 96–440, title I, § 101
- 94 Stat. 1879
- Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 121[6]
- 110 Stat. 3009
- Pub. L. 104–208, § 101(a) [title I, § 121[6(1)]
- Pub. L. 104–208, § 101(a) [title I, § 121[6(2)]
- Pub. L. 96–440, title I, § 108
- 94 Stat. 1882
- Pub. L. 96–440, § 1
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§ 2000aa
Searches and seizures by government officers and employees in connection with investigation or prosecution of criminal offenses
Bills×30
Fed. Reg.×12
Stat.×4
C.F.R.×3
IRM×2
U.S.C.×2
Pub. L.Pub. L. 96–440, title I, § 101
Stat.94 Stat. 1879
Pub. L.Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 121[6]
Stat.110 Stat. 3009
Pub. L.Pub. L. 104–208, § 101(a) [title I, § 121[6(1)]
Cites 10 · showing 6Cited by 53 across 6 sources