Title 18Crimes and Criminal ProcedureRelease 119-73

§3103a Additional grounds for issuing warrant

Title 18 › Part PART II— - CRIMINAL PROCEDURE › Chapter CHAPTER 205— - SEARCHES AND SEIZURES › § 3103a

Last updated Apr 6, 2026|Official source

Summary

A judge may issue a warrant to search for and take things that are evidence of a federal crime. The judge can delay telling the owner about the search if the judge finds reason to believe telling them right away could cause an "adverse result" (as defined in section 2705), except when the only bad effect would be delaying a trial. A warrant can also stop the seizure of physical items, live wire or electronic communications (see section 2510), or stored electronic information (except as chapter 121 allows), unless the court says it is necessary to seize them. Any delayed notice must be set to happen within a reasonable time, no later than 30 days after the search, unless the case facts justify a longer delay. The court can extend a delayed notice for good cause, but each extension needs a new showing of need and should be for 90 days or less unless the facts justify more time. No later than 30 days after a delayed-notice warrant ends or is denied, the judge must tell the Administrative Office of the U.S. Courts that a warrant was requested, whether it was granted, changed, or denied, how long notice was delayed and any extensions, and the offense named. Starting with the fiscal year ending September 30, 2007, the Administrative Office must send Congress an annual summary with counts of these requests and outcomes. The Office, with the Attorney General, may make binding rules about what those reports must look like.

Full Legal Text

Title 18, §3103a

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)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)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) 11 So in original. The closing parenthesis probably should follow “section 2705”. ;
(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)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)(1)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)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)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).

Legislative History

Notes & Related Subsidiaries

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”. 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 period 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).

Reference

Citations & Metadata

Citation

18 U.S.C. § 3103a

Title 18Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73