§2000aa — Title 42 The Public Health and Welfare | U.S. Code

Summary

Government officers and employees must not search for or take a person’s work materials or other records meant for publishing (like for a newspaper, book, or broadcast) when investigating or prosecuting a crime. They may do so only in a few cases: if there is a strong reason to believe the person who has the materials committed the crime tied to them (but not if the only crime is just receiving, having, sending, or hiding those materials or the information in them—except when the crime involves national defense or classified information under 18 U.S.C. 793, 794, 797, or 798, 42 U.S.C. 2274, 2275, or 2277, 50 U.S.C. 783, or child pornography/sexual exploitation or sale/purchase of children under 18 U.S.C. 2251, 2251A, 2252, or 2252A). They may also act if immediate seizure is needed to prevent death or serious injury. Work product materials = materials prepared to publish. Documentary materials = other records used for publishing. If agents seek a search warrant because someone ignored a court order to hand over records and delay would hurt the case, the person must get a fair chance to file an affidavit explaining why the materials should not be taken.

Title 42, §2000aa

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Notwithstanding any other law, it shall be unlawful for a government officer or employee, in connection with the investigation or prosecution of a criminal offense, to search for or seize any work product materials possessed by a person reasonably believed to have a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication, in or affecting interstate or foreign commerce; but this provision shall not impair or affect the ability of any government officer or employee, pursuant to otherwise applicable law, to search for or seize such materials, if—

(1)there is probable cause to believe that the person possessing such materials has committed or is committing the criminal offense to which the materials relate: Provided, however, That a government officer or employee may not search for or seize such materials under the provisions of this paragraph if the offense to which the materials relate consists of the receipt, possession, communication, or withholding of such materials or the information contained therein (but such a search or seizure may be conducted under the provisions of this paragraph if the offense consists of the receipt, possession, or communication of information relating to the national defense, classified information, or restricted data under the provisions of section 793, 794, 797, or 798 of title 18, or section 2274, 2275, or 2277 of this title, or section 783 of title 50, or if the offense involves the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, the sexual exploitation of children, or the sale or purchase of children under section 2251, 2251A, 2252, or 2252A of title 18); or

(2)there is reason to believe that the immediate seizure of such materials is necessary to prevent the death of, or serious bodily injury to, a human being.

(b)Notwithstanding any other law, it shall be unlawful for a government officer or employee, in connection with the investigation or prosecution of a criminal offense, to search for or seize documentary materials, other than work product materials, possessed by a person in connection with a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication, in or affecting interstate or foreign commerce; but this provision shall not impair or affect the ability of any government officer or employee, pursuant to otherwise applicable law, to search for or seize such materials, if—

(2)there is reason to believe that the immediate seizure of such materials is necessary to prevent the death of, or serious bodily injury to, a human being;

(3)there is reason to believe that the giving of notice pursuant to a subpena duces tecum would result in the destruction, alteration, or concealment of such materials; or

(4)such materials have not been produced in response to a court order directing compliance with a subpena duces tecum, and—

(A)all appellate remedies have been exhausted; or

(B)there is reason to believe that the delay in an investigation or trial occasioned by further proceedings relating to the subpena would threaten the interests of justice.

(c)In the event a search warrant is sought pursuant to paragraph (4)(B) of subsection (b), the person possessing the materials shall be afforded adequate opportunity to submit an affidavit setting forth the basis for any contention that the materials sought are not subject to seizure.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (a)(1). Pub. L. 104–208, § 101(a) [title I, § 121[6(1)]], inserted “, or if the offense involves the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, the sexual exploitation of children, or the sale or purchase of children under section 2251, 2251A, 2252, or 2252A of title 18” before parenthesis at end. Subsec. (b)(1). Pub. L. 104–208, § 101(a) [title I, § 121[6(2)]], inserted “, or if the offense involves the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, the sexual exploitation of children, or the sale or purchase of children under section 2251, 2251A, 2252, or 2252A of title 18” before parenthesis at end.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 96–440, title I, § 108, Oct. 13, 1980, 94 Stat. 1882, provided that: “The provisions of this title [enacting this subchapter] shall become effective on January 1, 1981, except that insofar as such provisions are applicable to a State or any governmental unit other than the United States, the provisions of this title shall become effective one year from the date of enactment of this Act [Oct. 13, 1980].”

Short Title

Pub. L. 96–440, § 1, Oct. 13, 1980, 94 Stat. 1879, provided: “That this Act [enacting this chapter and provisions set out as notes under this section] may be cited as the ‘Privacy Protection Act of 1980’.”

§2000aa Searches and Seizures by Government Officers and Employees in Connection with Investigation or Prosecution of Criminal Offenses