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. 88–352, 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 classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables. CHAPTER 21A—PRIVACY PROTECTION SUBCHAPTER I—FIRST AMENDMENT PRIVACY PROTECTION PART A—UNLAWFUL ACTS Sec. 2000aa. Searches and seizures by government of- ficers and employees in connection with investigation or prosecution of criminal offenses. PART B—REMEDIES, EXCEPTIONS, AND DEFINITIONS 2000aa–5. Border and customs searches. 2000aa–6. Civil actions by aggrieved persons. 2000aa–7. Definitions. SUBCHAPTER II—ATTORNEY GENERAL GUIDELINES 2000aa–11. Guidelines for Federal officers and em- ployees. Sec. 2000aa–12. Binding nature of guidelines; discipli- nary actions for violations; legal pro- ceedings for non-compliance prohib- ited. SUBCHAPTER I—FIRST AMENDMENT PRIVACY PROTECTION PART A—UNLAWFUL ACTS § 2000aa. Searches and seizures by government officers and employees in connection with in- vestigation or prosecution of criminal of- fenses (a) Work product materials Notwithstanding any other law, it shall be un- lawful for a government officer or employee, in connection with the investigation or prosecu- tion of a criminal offense, to search for or seize any work product materials possessed by a per- son reasonably believed to have a purpose to dis- seminate to the public a newspaper, book, broadcast, or other similar form of public com- munication, 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 com- mitted or is committing the criminal offense to which the materials relate: Provided, how- ever, 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 informa- tion 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 infor- mation relating to the national defense, clas- sified 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 trans- portation of child pornography, the sexual ex- ploitation 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 imme- diate 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 un- lawful for a government officer or employee, in connection with the investigation or prosecu- tion of a criminal offense, to search for or seize documentary materials, other than work prod- uct materials, possessed by a person in connec- tion 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 provi- sion shall not impair or affect the ability of any government officer or employee, pursuant to Page 5317 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2000aa–6 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 com- mitted or is committing the criminal offense to which the materials relate: Provided, how- ever, 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 informa- tion 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 infor- mation relating to the national defense, clas- sified 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 trans- portation of child pornography, the sexual ex- ploitation 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 imme- diate 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 ex- hausted; or (B) there is reason to believe that the delay in an investigation or trial occasioned by further proceedings relating to the sub- pena would threaten the interests of justice. (c) Objections to court ordered subpoenas; affi- davits In the event a search warrant is sought pursu- ant to paragraph (4)(B) of subsection (b), the person possessing the materials shall be afforded adequate opportunity to submit an affidavit set- ting 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.) Editorial Notes AMENDMENTS 1996—Subsec. (a)(1). Pub. L. 104–208, § 101(a) [title I, § 121[6(1)]], inserted ‘‘, or if the offense involves the pro- duction, 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’’ before parenthesis at end. Subsec. (b)(1). Pub. L. 104–208, § 101(a) [title I, § 121[6(2)]], inserted ‘‘, or if the offense involves the pro- duction, 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’’ before parenthesis at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 96–440, title I, § 108, Oct. 13, 1980, 94 Stat. 1882, provided that: ‘‘The provisions of this title [enacting this subchapter] shall become effective on January 1, 1981, except that insofar as such provisions are applica- ble to a State or any governmental unit other than the United States, the provisions of this title shall become effective one year from the date of enactment of this Act [Oct. 13, 1980].’’ SHORT TITLE Pub. L. 96–440, § 1, Oct. 13, 1980, 94 Stat. 1879, provided: ‘‘That this Act [enacting this chapter and provisions set out as notes under this section] may be cited as the ‘Privacy Protection Act of 1980’.’’ PART B—REMEDIES, EXCEPTIONS, AND DEFINITIONS § 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. (Pub. L. 96–440, title I, § 105, Oct. 13, 1980, 94 Stat. 1880.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1981, except that insofar as such provisions are applicable to a State or any govern- mental unit other than the United States, the section is effective one year from Oct. 13, 1980, see section 108 of Pub. L. 96–440, set out as a note under section 2000aa of this title. § 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 immu- nity 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