Intelligence Law Glossary - Court of Competent Jurisdiction [HTML-Only]


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Court of Competent Jurisdiction

Statutory Law

18 U.S.C. § 2711(3) (2010) (Title 18—Chapter 121: Stored Wire and Electronic Communications and Transactional Records Access)

As used in this chapter [18 U.S.C. §§ 2701 et seq.]—
   (3) the term "court of competent jurisdiction" includes—
      (A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that—
         (i) has jurisdiction over the offense being investigated;
         (ii) is in or for a district in which the provider of a wire or electronic communication service is located or in which the wire or electronic communications, records, or other information are stored; or
         (iii) is acting on a request for foreign assistance pursuant to section 3512 of this title [18 U.S.C. § 3512]; or
      (B) a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants;

18 U.S.C. § 3127(2) (Title 18—Chapter 206: Pen Registers and Trap and Trace Devices)

As used in this chapter [18 U.S.C. §§ 3121 et seq.]—
   (2) the term "court of competent jurisdiction" means—
      (A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that—
         (i) has jurisdiction over the offense being investigated;
         (ii) is in or for a district in which the provider of a wire or electronic communication service is located;
         (iii) is in or for a district in which a landlord, custodian, or other person subject to subsections [subsection] (a) or (b) of section 3124 of this title [18 U.S.C. § 3124] is located; or
         (iv) is acting on a request for foreign assistance pursuant to section 3512 of this title [18 U.S.C. § 3512]; or
      (B) a court of general criminal jurisdiction of a State authorized by the law of that State to enter orders authorizing the use of a pen register or a trap and trace device;