Statutory Law - US Code - Title 18: Chapter 205: Searches and Seizures


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U.S. Code Title 18: Crimes and Criminal Procedure


Chapter 205: Searches and Seizures

*Current through Public Law 112-173, August 16th, 2012.
**Selected Provisions Relevant to U.S. Intelligence Law

CHAPTER 205—SEARCHES AND SEIZURES

18 USC § 3101. Effect of rules of court—(Rule)

See Federal Rules of Criminal Procedure
Rules generally applicable throughout United States, Rule 54.
Acts of Congress superseded, Rule 41(g).
(June 25, 1948, ch. 645, 62 Stat. 819.)

18 USC § 3102. Authority to issue search warrant—(Rule)

See Federal Rules of Criminal Procedure
Federal, State or Territorial Judges, or U.S. magistrate 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.)

18 USC § 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.)

18 USC § 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 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);
(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 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 thereof) 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 extension thereof was granted as applied for, was modified, or was denied;
(C) the period of delay in the giving of notice 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 Director of the Administrative Office of the United States Courts shall transmit to Congress annually a full and complete report summarizing the data required to be filed with the Administrative Office by paragraph (1), including the number of applications for warrants and extensions of warrants authorizing delayed notice, and the number of such warrants and extensions granted or denied during the preceding fiscal year.
(3) Regulations.—The Director of the Administrative Office of the United States Courts, in consultation with the Attorney General, is authorized to issue binding regulations 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.)

18 USC § 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 forthwith, Rule 41(c).
(June 25, 1948, ch. 645, 62 Stat. 819.)

18 USC § 3105. Persons authorized to serve search warrant

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.)

18 USC § 3106. Officer authorized to serve search warrant—(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.)

18 USC § 3107. Service of warrants and seizures by Federal Bureau of Investigation

The Director, Associate Director, Assistant to the Director, Assistant Directors, agents, and inspectors of the Federal Bureau of Investigation of the Department of Justice are empowered to make seizures under warrant for violation of the laws of the United States.
(June 25, 1948, ch. 645, 62 Stat. 819; Jan. 10, 1951, ch. 1221, §2, 64 Stat. 1239.)

18 USC § 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.)

18 USC § 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 necessary to liberate himself or a person aiding him in the execution of the warrant.
(June 25, 1948, ch. 645, 62 Stat. 820.)

18 USC § 3110. Property defined—(Rule)

See Federal Rules of Criminal Procedure
Term “property” as used in Rule 41 includes documents, books, papers and any other tangible objects, Rule 41(g).
(June 25, 1948, ch. 645, 62 Stat. 820.)

18 USC § 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.)

18 USC § 3114. Return of seized property and suppression of evidence; motion—(Rule)

See Federal Rules of Criminal Procedure
Return of property and suppression of evidence upon motion, Rule 41(e).
(June 25, 1948, ch. 645, 62 Stat. 820.)

18 USC § 3115. Inventory upon execution and return of search warrant—(Rule)

See Federal Rules of Criminal Procedure
Inventory of property seized under search warrant and copies to persons affected, Rule 41(d).
(June 25, 1948, ch. 645, 62 Stat. 820.)

18 USC § 3116. Records of examining magistrate judge; return to clerk of court—(Rule)

See Federal Rules of Criminal Procedure
Magistrate judges and clerks of court to keep records as prescribed by Director of the Administrative Office of the United States Courts, Rule 55.
Return or filing of records with clerk, Rule 41(f).
(June 25, 1948, ch. 645, 62 Stat. 821; 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.)

18 USC § 3117. Mobile tracking devices

(a) In General.—If a court is empowered to issue a warrant or other order for the installation of a mobile tracking device, such order may authorize the use of that device within the jurisdiction of the court, and outside that jurisdiction if the device is installed in that jurisdiction.
(b) Definition.—As used in this section, the term “tracking device” means an electronic or mechanical device which permits the tracking of the movement of a person or object.
(Added Pub. L. 99–508, title I, §108(a), Oct. 21, 1986, 100 Stat. 1858.)

18 USC § 3118. Implied consent for certain tests

(a) Consent.—Whoever operates a motor vehicle in the special maritime and territorial jurisdiction of the United States consents thereby to a chemical test or tests of such person's blood, breath, or urine, if arrested for any offense arising from such person's driving while under the influence of a drug or alcohol in such jurisdiction. The test or tests shall be administered upon the request of a police officer having reasonable grounds to believe the person arrested to have been driving a motor vehicle upon the special maritime and territorial jurisdiction of the United States while under the influence of drugs or alcohol in violation of the laws of a State, territory, possession, or district.
(b) Effect of Refusal.—Whoever, having consented to a test or tests by reason of subsection (a), refuses to submit to such a test or tests, after having first been advised of the consequences of such a refusal, shall be denied the privilege of operating a motor vehicle upon the special maritime and territorial jurisdiction of the United States during the period of a year commencing on the date of arrest upon which such test or tests was refused, and such refusal may be admitted into evidence in any case arising from such person's driving while under the influence of a drug or alcohol in such jurisdiction. Any person who operates a motor vehicle in the special maritime and territorial jurisdiction of the United States after having been denied such privilege under this subsection shall be treated for the purposes of any civil or criminal proceedings arising out of such operation as operating such vehicle without a license to do so.
(Added Pub. L. 100–690, title VI, §6477(b)(1), Nov. 18, 1988, 102 Stat. 4381, §3117; renumbered §3118, Pub. L. 101–647, title XXXV, §3574, Nov. 29, 1990, 104 Stat. 4929.)