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42 U.S.C. § 2000aa — Searches and seizures by government officers and employees in connection with investigation or prosecution of criminal offenses

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

42 U.S.C. § 2000aa — Searches and seizures by government officers and employees in connection with investigation or prosecution of criminal offenses

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section783&num=0&edition=prelim), 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 purc

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000aa

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Stable record: federal_law:legal_authorities:record_usc_5f8723ddd4319389fa076d7e
Source file: Laws/federal/codes/united-states-code/title-42/section-2000aa-searches-and-seizures-by-government-officers-and-employees-in-connection--fc1014c506.md
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Passage SHA-256: c3732bd649f6b7c902f1de58bc8398b551b99771a8ccc79c392eefa9f67a9664

Source location: Title 42, Chapter 21A, § 2000aa; chapter-21a-privacy-protection.md

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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section783&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section783&num=0&edition=prelim), 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.

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

50 U.S.C. § 783 — Offenses

**(a) Communication of classified information by Government officer or employee** It shall be unlawful for any officer or employee of the United States or of any department or agency thereof, or of any corporation the stock of which is owned in whole or in major part by the United States or any department or agency thereof, to communicate in any manner or by any means, to any other person whom such officer or employee knows or has reason to believe to be an agent or representative of any foreign government, any information of a kind which shall have been classified by the President (or by the head of any such department, agency, or corporation with the approval of the President) as affecting the security of the United States, knowing or having reason to know that such information has been so classified, unless such officer or employee shall have been specifically authorized by the President, or by the head of the department, agency, or corporation by which this officer or employee is employed, to make such disclosure of such information. **(b) Receipt of, or attempt to receive, by foreign agent or member of Communist organization, classified information** It shall be unlawful for any agent or representative of any foreign government knowingly to obtain or receive, or attempt to obtain or receive, directly or indirectly, from any officer or employee of the United States or of any department or agency thereof or of any corporation the stock of which is owned in whole or in major part by the United States or any department or agency thereof, any information of a kind which shall have been classified by the President (or by the head of any such department, agency, or corporation with the approval of the President) as affecting the security of the United States, unless spec

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 783

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

18 U.S.C. § 2251 — Sexual exploitation of children

**(a)** Any person who employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor in or affecting interstate or foreign commerce, or in any Territory or Possession of the United States, with the intent that such minor engage in, any sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct, shall be punished as provided under subsection (e), if such person knows or has reason to know that such visual depiction will be transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed, if that visual depiction was produced or transmitted using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed. **(b)** Any parent, legal guardian, or person having custody or control of a minor who knowingly permits such minor to engage in, or to assist any other person to engage in, sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct shall be punished as provided under subsection (e) of this section, if such parent, legal guardian, or person knows or has reason to know that such visual depiction will be transported or transmitted using any means or facility of interstate or foreign commerce or in or affec

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2251

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

42 U.S.C. § 2000aa–5 — Border and customs searches

This chapter shall not impair or affect the ability of a government officer or employee, pursuant to otherwise applicable law, to conduct searches and seizures at the borders of, or at international points of, entry into the United States in order to enforce the customs laws of the United States.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000aa–5

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

42 U.S.C. § 2000aa–6 — Civil actions by aggrieved persons

**(a) Right of action** A person aggrieved by a search for or seizure of materials in violation of this chapter shall have a civil cause of action for damages for such search or seizure— (1) against the United States, against a State which has waived its sovereign immunity under the Constitution to a claim for damages resulting from a violation of this chapter, or against any other governmental unit, all of which shall be liable for violations of this chapter by their officers or employees while acting within the scope or under color of their office or employment; and (2) against an officer or employee of a State who has violated this chapter while acting within the scope or under color of his office or employment, if such State has not waived its sovereign immunity as provided in paragraph (1). **(b) Good faith defense** It shall be a complete defense to a civil action brought under paragraph (2) of subsection (a) that the officer or employee had a reasonable good faith belief in the lawfulness of his conduct. **(c) Official immunity** The United States, a State, or any other governmental unit liable for violations of this chapter under subsection (a)(1), may not assert as a defense to a claim arising under this chapter the immunity of the officer or employee whose violation is complained of or his reasonable good faith belief in the lawfulness of his conduct, except that such a defense may be asserted if the violation complained of is that of a judicial officer. **(d) Exclusive nature of remedy** The remedy provided by subsection (a)(1) against the United States, a State, or any other governmental unit is exclusive of any other civil action or proceeding for conduct constituting a violation of this chapter, against the officer or employee whose violation gave ris

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000aa–6

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

42 U.S.C. § 2000aa–7 — Definitions

**(a)** “Documentary materials”, as used in this chapter, means materials upon which information is recorded, and includes, but is not limited to, written or printed materials, photographs, motion picture films, negatives, video tapes, audio tapes, and other mechanically, magentically 11 So in original. Probably should be “magnetically”. or electronically recorded cards, tapes, or discs, but does not include contraband or the fruits of a crime or things otherwise criminally possessed, or property designed or intended for use, or which is or has been used as, the means of committing a criminal offense. **(b)** “Work product materials”, as used in this chapter, means materials, other than contraband or the fruits of a crime or things otherwise criminally possessed, or property designed or intended for use, or which is or has been used, as the means of committing a criminal offense, and— (1) in anticipation of communicating such materials to the public, are prepared, produced, authored, or created, whether by the person in possession of the materials or by any other person; (2) are possessed for the purposes of communicating such materials to the public; and (3) include mental impressions, conclusions, opinions, or theories of the person who prepared, produced, authored, or created such material. **(c)** “Any other governmental unit”, as used in this chapter, includes the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and any local government, unit of local government, or any unit of State government.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000aa–7

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

42 U.S.C. § 2000aa — Searches and seizures by government

Page 5316 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2000h–5 laws on the same subject matter, nor shall any provision of this Act be construed as invali- dating any provision of State law unless such provision is inconsistent with any of the pur- poses of this Act, or any provision thereof. (Pub. L. 88–352, title XI, § 1104, July 2, 1964, 78 Stat. 268.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, known as the Civil Rights Act of 1964, which is classified principally to subchapters II to IX of this chapter (§ 2000a et seq.). For complete classifica- tion of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. § 2000h–5. Authorization of appropriations There are hereby authorized to be appro- priated such sums as are necessary to carry out the provisions of this Act. (Pub. L. 88–352, title XI, § 1105, July 2, 1964, 78 Stat. 268.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, known as the Civil Rights Act of 1964, which is classified principally to subchapters II to IX of this chapter (§ 2000a et seq.). For complete classifica- tion of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. § 2000h–6. Separability If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the appli- cation of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. (Pub. L. 88–352, title XI, § 1106, July 2, 1964, 78 Stat. 268.) Editorial Notes REFERENCES IN TEXT This Act and the Act, referred to in text, is Pub. L. 88

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2000aa

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