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

Summary

Government officers and employees must not, during a criminal investigation or prosecution, search for or take materials from someone they think will share those materials with the public (like for a newspaper, book, broadcast, or similar public communication across state or national lines). This rule covers two kinds of material: work product materials (things prepared in reporting) and other documentary materials (documents used for public communication). There are only certain exceptions. Officers may search or seize if they have probable cause that the person holding the materials committed the crime tied to those materials, except they cannot rely on that if the crime is only the receipt, possession, communication, or withholding of the materials or their information—unless the crime involves national defense or classified information (sections 793, 794, 797, or 798 of Title 18; sections 2274, 2275, or 2277 of Title 42; or section 783 of Title 50) or involves child pornography, sexual exploitation of children, or sale/purchase of children (sections 2251, 2251A, 2252, or 2252A of Title 18). Officers may also act if immediate seizure is needed to prevent death or serious injury. For other documentary materials, officers may act if a subpoena notice would cause the materials to be destroyed or hidden, or if a court-ordered subpoena was ignored and either all appeals are finished or delaying the case would harm the interests of justice. If a search warrant is sought because a subpoena was ignored and delay would harm the case, the person holding the materials must be allowed to submit an affidavit explaining why the materials should not be seized.