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18 U.S.C. § 3103 — Grounds for issuing search warrant—(Rule)

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3103 — Grounds for issuing search warrant—(Rule)

### Notes Grounds prescribed for issuance of search warrant, Rule 41(b).

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Source location: Title 18, Chapter 205, § 3103; chapter-205-searches-and-seizures.md

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### Notes Grounds prescribed for issuance of search warrant, Rule 41(b).

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Federal law — U.S. Code and appendices · legal_authorities

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

**(a) In General.—** In addition to the grounds for issuing a warrant in [section 3103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3103&num=0&edition=prelim), 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) 11 So in original. The closing parenthesis probably should follow “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 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

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3103 — Grounds for issuing search warrant—

Page 707 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3103a 1 So in original. The closing parenthesis probably should follow ‘‘section 2705’’. § 3102. Authority to issue search warrant—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Federal, State or Territorial Judges, or U.S. mag- istrate judges authorized to issue search warrants, Rule 41(a). (June 25, 1948, ch. 645, 62 Stat. 819; Pub. L. 90–578, title III, § 301(a)(4), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) Editorial Notes AMENDMENTS 1968—Pub. L. 90–578 substituted ‘‘magistrates’’ for ‘‘Commissioners’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘U.S. magistrate judges’’ substituted for ‘‘U.S. mag- istrates’’ in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amend- ment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. § 3103. Grounds for issuing search warrant— (Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Grounds prescribed for issuance of search warrant, Rule 41(b). (June 25, 1948, ch. 645, 62 Stat. 819.) § 3103a. Additional grounds for issuing warrant (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

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