18 U.S.C. § 3103a — Additional grounds for issuing 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 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 evi- dence 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 de- layed if— (1) the court finds reasonable cause to be- lieve that providing immediate notification of the execution of the warrant may have an ad- verse result (as defined in section 2705, except if the adverse results consist only of unduly delaying a trial) 1 ; (2) the warrant prohibits the seizure of any tangible property, any wire or electronic com- munication (as defined in section 2510), or, ex- cept 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 grant- ed upon an updated showing of the need for fur- ther 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. (d) REPORTS.— (1) REPORT BY JUDGE.—Not later than 30 days after the expiration of a warrant authorizing delayed notice (including any extension there- of) 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— (A) the fact that a warrant was applied for; (B) the fact that the warrant or any exten- sion thereof was granted as applied for, was modified, or was denied; (C) the period of delay in the giving of no- tice authorized by the warrant, and the number and duration of any extensions; and (D) the offense specified in the warrant or application. (2) REPORT BY ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS.—Beginning with the fiscal year ending September 30, 2007, the Di- rector of the Administrative Office of the United States Courts shall transmit to Con- gress annually a full and complete report sum- marizing the data required to be filed with the Administrative Office by paragraph (1), includ- ing the number of applications for warrants and extensions of warrants authorizing de- layed notice, and the number of such warrants and extensions granted or denied during the preceding fiscal year. (3) REGULATIONS.—The Director of the Ad- ministrative Office of the United States Courts, in consultation with the Attorney General, is authorized to issue binding regula- tions dealing with the content and form of the reports required to be filed under paragraph (1). (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.) 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. AMENDMENTS 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’’. Page 708 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3104 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 pe- riod 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). § 3104. Issuance of search warrant; contents— (Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Issuance of search warrant on affidavit; contents to identify persons or place; command to search forth- with, Rule 41(c). (June 25, 1948, ch. 645, 62 Stat. 819.) § 3105. Persons authorized to serve search war- rant A search warrant may in all cases be served by any of the officers mentioned in its direction or by an officer authorized by law to serve such warrant, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution. (June 25, 1948, ch. 645, 62 Stat. 819.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 617 (June 15, 1917, ch. 30, title XI, § 7, 40 Stat. 229). Minor change was made in phraseology. § 3106. Officer authorized to serve search war- rant—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Officer to whom search warrant shall be directed, Rule 41(c). (June 25, 1948, ch. 645, 62 Stat. 819.) § 3107. Service of warrants and seizures by Fed- eral Bureau of Investigation The Director, Associate Director, Assistant to the Director, Assistant Directors, agents, and inspectors of the Federal Bureau of Investiga- tion of the Department of Justice are empow- ered to make seizures under warrant for viola- tion of the laws of the United States. (June 25, 1948, ch. 645, 62 Stat. 819; Jan. 10, 1951, ch. 1221, § 2, 64 Stat. 1239.) HISTORICAL AND REVISION NOTES Based on section 300a of title 5, U.S.C., 1940 ed., Exec- utive Departments and Government Officers and Em- ployees (June 18, 1934, ch. 595, 48 Stat. 1008; Mar. 22, 1935, ch. 39, title II, 49 Stat. 77). Section 300a of title 5, U.S.C., 1940 ed., Executive De- partments and Government Officers and Employees, was used as the basis for this section and section 3052 of this title. Editorial Notes AMENDMENTS 1951—Act Jan. 10, 1951, included within its provisions the Associate Director and the Assistant to the Direc- tor. Executive Documents TRANSFER OF FUNCTIONS Functions of all other officers of Department of Jus- tice and functions of all agencies and employees of such Department, with a few exceptions, transferred to At- torney General, with power vested in him to authorize their performance or performance of any of his func- tions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government Organization and Employees. § 3108. Execution, service, and return—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Method and time for execution, service and return of search warrant, Rule 41(c), (d). (June 25, 1948, ch. 645, 62 Stat. 819.) § 3109. Breaking doors or windows for entry or exit The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute a search warrant, if, after notice of his authority and purpose, he is refused admittance or when nec- essary to liberate himself or a person aiding him in the execution of the warrant. (June 25, 1948, ch. 645, 62 Stat. 820.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 618, 619 (June 15, 1917, ch. 30, title XI, §§ 8, 9, 40 Stat. 229). Said sections 618 and 619 were consolidated with minor changes in phraseology but without change of substance. § 3110. Property defined—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Term ‘‘property’’ as used in Rule 41 includes docu- ments, books, papers and any other tangible objects, Rule 41(g). (June 25, 1948, ch. 645, 62 Stat. 820.) Editorial Notes REFERENCES IN TEXT Rule 41(g), referred to in text, was redesignated 41(h) by 1972 amendment eff. Oct. 1, 1972. § 3111. Property seizable on search warrant— (Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Specified property seizable on search warrant, Rule 41(b). (June 25, 1948, ch. 645, 62 Stat. 820.) [§ 3112. Repealed. Pub. L. 97–79, § 9(b)(3), Nov. 16, 1981, 95 Stat. 1079] Section, acts June 25, 1948, ch. 645, 62 Stat. 820; Dec. 5, 1969, Pub. L. 91–135, § 7(c), 83 Stat. 281; Nov. 8, 1978, Pub. L. 95–616, § 3(j)(1), 92 Stat. 3112, provided for issuance of search warrants for seizure of animals, birds, and eggs. See section 3375 of Title 16, Conserva- tion. § 3113. Liquor violations in Indian country If any superintendent of Indian affairs, or commanding officer of a military post, or spe- cial agent of the Office of Indian Affairs for the suppression of liquor traffic among Indians and in the Indian country and any authorized depu- ties under his supervision has probable cause to believe that any person is about to introduce or