§3103a Additional Grounds for Issuing Warrant

Summary

A judge may issue a warrant to search for and take any property that is evidence of a federal crime. If telling someone about the search right away could cause harm, the judge can allow a delay in giving notice. To delay notice, the judge must find good reason to believe immediate notice could cause an "adverse result" as another law defines (but not if the only bad effect would be delaying a trial). The warrant must bar taking physical items, live or stored electronic communications, or stored electronic data unless the judge finds it really necessary. The warrant must also set a time for notice, normally no more than 30 days after the search unless facts justify a longer delay. A court can extend the delay for good cause, but each extension needs a fresh showing and should be limited to periods of 90 days or less unless facts justify more time. Within 30 days after a delayed-notice warrant ends or is denied, the judge must report to the Administrative Office of the United States Courts that a warrant was sought, whether it was granted or denied (or changed), how long notice was delayed and any extensions, and the offense named. Starting with the fiscal year ending September 30, 2007, that Office must send Congress a yearly summary of these reports. The Office Director, with the Attorney General, may make rules about the form and content of those reports.