Title 50, War and National DefenseRelease 119-110
§1825 Use of Information
Title 50 › CHAPTER 36 — FOREIGN INTELLIGENCE SURVEILLANCE › SUBCHAPTER II — PHYSICAL SEARCHES › § 1825
Summary
Federal officers who get information from a physical search of a United States person must follow the required limits on how that information is handled and may use it only for lawful purposes. If the Attorney General later decides the search no longer needs to be secret, the person whose home was searched must be told that the search happened and told what of their property was taken, changed, or copied. Any sharing of such information for law enforcement must include a clear statement that the information (or anything learned from it) cannot be used in a criminal case unless the Attorney General gives prior approval. Before the government uses or tries to enter this information in any federal or state proceeding, it must notify the affected person and the court or authority where it will be used. States must also notify the Attorney General. A person whose case will use such information can ask the court to block (suppress) that evidence if it was taken unlawfully or without proper authorization, and must make that request before the trial unless they had no chance or did not know the reason. If the Attorney General says secrecy is needed for national security, a judge will review the materials in private and may show the person limited parts or a summary only if needed to decide legality. If the court finds the search was unlawful, the evidence must be suppressed; if lawful, the motion is denied except where fairness requires some disclosure. If an emergency search happened and a later approval was not obtained, the judge must notify affected persons about the application, the search period, and whether information was obtained, though that notice can be delayed for up to 90 days or longer for good cause. Federal officers may coordinate with federal, state, or local law enforcement on serious national security threats, but such coordination does not replace other required certifications or court orders.
Full Legal Text
Title 50, §1825
War and National Defense, Source: USLM XML via OLRC
(a)Compliance with minimization procedures; lawful purposes
Information acquired from a physical search conducted pursuant to this subchapter concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the minimization procedures required by this subchapter. No information acquired from a physical search pursuant to this subchapter may be used or disclosed by Federal officers or employees except for lawful purposes.
(b)Notice of search and identification of property seized, altered, or reproduced
Where a physical search authorized and conducted pursuant to section 1824 of this title involves the residence of a United States person, and, at any time after the search the Attorney General determines there is no national security interest in continuing to maintain the secrecy of the search, the Attorney General shall provide notice to the United States person whose residence was searched of the fact of the search conducted pursuant to this chapter and shall identify any property of such person seized, altered, or reproduced during such search.
(c)Statement for disclosure
No information acquired pursuant to this subchapter shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General.
(d)Notification by United States
Whenever the United States intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, against an aggrieved person, any information obtained or derived from a physical search pursuant to the authority of this subchapter, the United States shall, prior to the trial, hearing, or the other proceeding or at a reasonable time prior to an effort to so disclose or so use that information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the United States intends to so disclose or so use such information.
(e)Notification by States or political subdivisions
Whenever any State or political subdivision thereof intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of a State or a political subdivision thereof against an aggrieved person any information obtained or derived from a physical search pursuant to the authority of this subchapter, the State or political subdivision thereof shall notify the aggrieved person, the court or other authority in which the information is to be disclosed or used, and the Attorney General that the State or political subdivision thereof intends to so disclose or so use such information.
(f)Motion to suppress
(1)Any person against whom evidence obtained or derived from a physical search to which he is an aggrieved person is to be, or has been, introduced or otherwise used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof, may move to suppress the evidence obtained or derived from such search on the grounds that—
(A)the information was unlawfully acquired; or
(B)the physical search was not made in conformity with an order of authorization or approval.
(2)Such a motion shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the person was not aware of the grounds of the motion.
(g)In camera and ex parte review by district court
Whenever a court or other authority is notified pursuant to subsection (d) or (e), or whenever a motion is made pursuant to subsection (f), or whenever any motion or request is made by an aggrieved person pursuant to any other statute or rule of the United States or any State before any court or other authority of the United States or any State to discover or obtain applications or orders or other materials relating to a physical search authorized by this subchapter or to discover, obtain, or suppress evidence or information obtained or derived from a physical search authorized by this subchapter, the United States district court or, where the motion is made before another authority, the United States district court in the same district as the authority shall, notwithstanding any other provision of law, if the Attorney General files an affidavit under oath that disclosure or any adversary hearing would harm the national security of the United States, review in camera and ex parte the application, order, and such other materials relating to the physical search as may be necessary to determine whether the physical search of the aggrieved person was lawfully authorized and conducted. In making this determination, the court may disclose to the aggrieved person, under appropriate security procedures and protective orders, portions of the application, order, or other materials relating to the physical search, or may require the Attorney General to provide to the aggrieved person a summary of such materials, only where such disclosure is necessary to make an accurate determination of the legality of the physical search.
(h)Suppression of evidence; denial of motion
If the United States district court pursuant to subsection (g) determines that the physical search was not lawfully authorized or conducted, it shall, in accordance with the requirements of law, suppress the evidence which was unlawfully obtained or derived from the physical search of the aggrieved person or otherwise grant the motion of the aggrieved person. If the court determines that the physical search was lawfully authorized or conducted, it shall deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure.
(i)Finality of orders
Orders granting motions or requests under subsection (h), decisions under this section that a physical search was not lawfully authorized or conducted, and orders of the United States district court requiring review or granting disclosure of applications, orders, or other materials relating to the physical search shall be final orders and binding upon all courts of the United States and the several States except a United States Court of Appeals or the Supreme Court.
(j)Notification of emergency execution of physical search; contents; postponement, suspension, or elimination
(1)If an emergency execution of a physical search is authorized under section 1824(d) of this title and a subsequent order approving the search is not obtained, the judge shall cause to be served on any United States person named in the application and on such other United States persons subject to the search as the judge may determine in his discretion it is in the interests of justice to serve, notice of—
(A)the fact of the application;
(B)the period of the search; and
(C)the fact that during the period information was or was not obtained.
(2)On an ex parte showing of good cause to the judge, the serving of the notice required by this subsection may be postponed or suspended for a period not to exceed 90 days. Thereafter, on a further ex parte showing of good cause, the court shall forego ordering the serving of the notice required under this subsection.
(k)Coordination with law enforcement on national security matters
(1)Federal officers who conduct physical searches to acquire foreign intelligence information under this subchapter may consult with Federal law enforcement officers or law enforcement personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law enforcement officer of that State or political subdivision) to coordinate efforts to investigate or protect against—
(A)actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
(B)sabotage, international terrorism, or the international proliferation of weapons of mass destruction by a foreign power or an agent of a foreign power; or
(C)clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power.
(2)Coordination authorized under paragraph (1) shall not preclude the certification required by section 1823(a)(6) of this title or the entry of an order under section 1824 of this title.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, known as the Foreign Intelligence Surveillance Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see
Short Title
note set out under section 1801 of this title and Tables. section 1824(d) of this title, referred to in subsec. (j)(1), was redesignated section 1824(e) of this title by Pub. L. 106–567, title VI, § 603(b)(1), Dec. 27, 2000, 114 Stat. 2853.
Amendments
2023—Subsec. (k)(1). Pub. L. 117–347, § 323(a)(1)(A), repealed Pub. L. 107–296, § 899. See 2002 Amendment note below. 2008—Subsec. (k)(1)(B). Pub. L. 110–261, § 110(b)(2), substituted “sabotage, international terrorism, or the international proliferation of weapons of mass destruction” for “sabotage or international terrorism”. Subsec. (k)(2). Pub. L. 110–261, § 107(c)(2), substituted “1823(a)(6)” for “1823(a)(7)”. 2002—Subsec. (k)(1). Pub. L. 107–296, § 899, which inserted, in introductory provisions, “or law
Enforcement
personnel of a State or political subdivision of a State (including the chief executive officer of that State or political subdivision who has the authority to appoint or direct the chief law
Enforcement
officer of that State or political subdivision)” after “law
Enforcement
officers”, was repealed by Pub. L. 117–347, § 323(a)(1)(A). Repeal to have no effect on amendment by Pub. L. 107–296, see
Construction
of 2023 Amendment note set out under section 2517 of Title 18, Crimes and Criminal Procedure. 2001—Subsec. (k). Pub. L. 107–56 added subsec. (k).
Statutory Notes and Related Subsidiaries
Effective Date
of 2008 AmendmentAmendment by Pub. L. 110–261 effective July 10, 2008, except as provided in section 404 of Pub. L. 110–261, set out as a Transition Procedures note under section 1801 of this title, see section 402 of Pub. L. 110–261, set out as an
Effective Date
of 2008 Amendment note under section 1801 of this title.
Effective Date
of 2002 AmendmentAmendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an
Effective Date
note under section 101 of Title 6, Domestic Security.
Effective Date
Section effective 90 days after Oct. 14, 1994, with exception for certain physical searches approved by the Attorney General to gather foreign intelligence information, see section 807(c) of Pub. L. 103–359, set out as a note under section 1821 of this title.
Reference
Citations & Metadata
Citation
50 U.S.C. § 1825
Title 50, War and National Defense
Last Updated
Sep 23, 2026
Release point: 119-110