§3103a Additional Grounds for Issuing Warrant

Summary

A judge can issue a warrant to search for and take property that is evidence of a federal crime. The court may delay telling the person about the search if the judge finds good reason to believe telling them right away could cause an “adverse result” (a legal term defined elsewhere), but the judge cannot rely only on the idea that notice would simply delay a trial. The warrant must generally prohibit seizing physical items, live wire or electronic communications, or stored electronic messages unless the judge finds it truly necessary or another law allows it. The warrant must say that notice will be given within a reasonable time, normally no more than 30 days after the search unless the case facts justify a later date. A judge can extend the delay for good cause, but must show a new need each time and normally limit each extension to 90 days or less unless the facts justify longer. Within 30 days after the delay ends or a request 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, how long notice was delayed and any extensions, and the crime involved. Starting with the fiscal year ending September 30, 2007, the Administrative Office must send Congress an annual summary of these reports, and its Director, with the Attorney General, can set rules for the report format.