18 U.S.C. § 3103a

Additional grounds for issuing warrant

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(a)In General.—In addition to the grounds for issuing a warrant in section 3103 of this title, a warrant may be issued to search for and seize any property that constitutes evidence of a criminal offense in violation of the laws of the United States.(b)Delay.—With respect to the issuance of any warrant or court order under this section, or any other rule of law, to search for and seize any property or material that constitutes evidence of a criminal offense in violation of the laws of the United States, any notice required, or that may be required, to be given may be delayed if—(1) the court finds reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse result (as defined in section 2705, except if the adverse results consist only of unduly delaying a trial) 11 So in original. The closing parenthesis probably should follow “section 2705”. ;(2) the warrant prohibits the seizure of any tangible property, any wire or electronic communication (as defined in section 2510), or, except as expressly provided in chapter 121, any stored wire or electronic information, except where the court finds reasonable necessity for the seizure; and(3) the warrant provides for the giving of such notice within a reasonable period not to exceed 30 days after the date of its execution, or on a later date certain if the facts of the case justify a longer period of delay.(c)Extensions of Delay.—Any period of delay authorized by this section may be extended by the court for good cause shown, subject to the condition that extensions should only be granted upon an updated showing of the need for further delay and that each additional delay should be limited to periods of 90 days or less, unless the facts of the case justify a longer period of delay.(d)Reports.—(1)Report by judge.—Not later than 30 days after the expiration of a warrant authorizing delayed notice (including any extension thereof) entered under this section, or the denial of such warrant (or request for extension), the issuing or denying judge shall report to the Administrative Office of the United States Courts—(A) the fact that a warrant was applied for;(B) the fact that the warrant or any extension thereof was granted as applied for, was modified, or was denied;(C) the period of delay in the giving of notice authorized by the warrant, and the number and duration of any extensions; and(D) the offense specified in the warrant or application.(2)Report by administrative office of the united states courts.—Beginning with the fiscal year ending September 30, 2007, the Director of the Administrative Office of the United States Courts shall transmit to Congress annually a full and complete report summarizing the data required to be filed with the Administrative Office by paragraph (1), including the number of applications for warrants and extensions of warrants authorizing delayed notice, and the number of such warrants and extensions granted or denied during the preceding fiscal year.(3)Regulations.—The Director of the Administrative Office of the United States Courts, in consultation with the Attorney General, is authorized to issue binding regulations dealing with the content and form of the reports required to be filed under paragraph (1).(Added Pub. L. 90–351, title IX, § 1401(a), June 19, 1968, 82 Stat. 238; amended Pub. L. 107–56, title II, § 213, Oct. 26, 2001, 115 Stat. 285; Pub. L. 109–177, title I, § 114, Mar. 9, 2006, 120 Stat. 210.)Editorial NotesCodification

Pub. L. 90–351 enacted section 3103a of this title as part of chapter 204, and Pub. L. 90–462, § 3, Aug. 8, 1968, 82 Stat. 638, corrected the chapter designation from 204 to 205.

Amendments

2006—Subsec. (b)(1). Pub. L. 109–177, § 114(b), inserted “, except if the adverse results consist only of unduly delaying a trial” after “2705”.

Subsec. (b)(3). Pub. L. 109–177, § 114(a)(1), added par. (3) and struck out former par. (3) which read as follows: “the warrant provides for the giving of such notice within a reasonable period of its execution, which period may thereafter be extended by the court for good cause shown.”

Subsecs. (c), (d). Pub. L. 109–177, § 114(a)(2), (c), added subsecs. (c) and (d).

2001—Pub. L. 107–56 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Notes of Decisions

Cited in 31 cases (1 in the last 5 years), 1969–2024 · leading case: United States v. New York Tel. Co., 434 U.S. 159 (1977).

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United States v. New York Tel. Co., 434 U.S. 159 (1977). · cites it 2× “What the majority opinion fails to point out, however, is that in Title IX of that same Act, Congress enacted another, distinct provision extending the power of federal judges to issue search *183 warrants. That statute, which formed the basis of the 1972 amendment to Rule 41,…”

Am. Civil Liberties Union v. U.S. Dep't of Just., 265 F. Supp. 2d 20 (D.D.C. 2003). · cites it 3× “” Patriot Act, § 213, codified at 18 U.S.C. § 3103a(b). Moreover, although in more limited circumstances, these new warrants may also authorize the seizure of tangible property.”

In re the United States for an Order Authorizing Disclosure of Location Info. of a Specified Wireless Tel., 849 F. Supp. 2d 526 (D. Maryland 2011). · cites it 2× “Under the Leahy Bill, the government must get a search warrant to access contemporaneous (real-time) geolocation information from an electronic communications, remote computing, or geolocation information service provider, and either a search warrant or court order, issued on a…”

United States v. Joshua Welch, 811 F.3d 275 (8th Cir. 2016). · cites it 2× “Title 18 U.S.C. § 3103a(b) provides that notice of a warrant may be delayed if: (1)the court finds reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse result .”

United States v. Mikos, 539 F.3d 706 (7th Cir. 2008). · cites it 2× “See 18 U.S.C. § 3103a. Lack of seizure explains the "peek" part of the name; the "sneak" part comes from the fact that agents need not notify the owner until later.”

In re Jason Leopold to Unseal Certain Elec. Surveillance Applications, 300 F. Supp. 3d 61 (D.C. Cir. 2018). “§ 2703 (c) (governing compelled disclosure of basic subscriber information from electronic communications service and remote computing providers); 18 U.S.C. § 3103a (permitting covert searches if notice will cause an "adverse result"); 18 U.”

United States v. Alejandrina Torres, 751 F.2d 875 (7th Cir. 1985). “See 18 U.S.C. § 3103a; 3 Wright, supra, § 664, at pp.”

Donn Vonderahe & Barbara Vonderahe v. Roy H. Howland, 508 F.2d 364 (9th Cir. 1975). “§ 3103a (authorizing the issuance of a warrant “to search for and seize any property that constitutes evidence of a criminal offense in violation of the laws of the United States”). The objects seized in Hayden were trousers, a jacket and a cap, items previously immune from…”

United States v. Iannelli, 339 F. Supp. 171 (W.D. Pa. 1972). “See 18 U.S.C. § 3103a which embodies the holding of the Hayden decision.”

State v. Hamilton, 236 N.W.2d 325 (Iowa 1975). “We now conclude there was probable cause for issuance of the warrant authorizing a search for “any and all controlled substances” despite the fact affiant’s personal knowledge may have been limited to contents of the package containing hashish.”

United States v. Rubio, 727 F.2d 786 (9th Cir. 1983). “See also 18 U.S.C. § 3103a (a warrant may be issued to search for and seize any property that constitutes evidence of a criminal offense).”

Speake v. Grantham, 317 F. Supp. 1253 (S.D. Miss. 1970). “2d 777 ; 18 U.S.C. § 3103a, 82 Stat. 238 (1968). 26 .”

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— 18 U.S.C. § 3103a(a) — 2 cases

United States v. White, 62 F. Supp. 3d 614 (E.D. Mich. 2014).

United States v. Fisk, 255 F. Supp. 2d 694 (E.D. Mich. 2003).

— 18 U.S.C. § 3103a(b) — 6 cases

United States v. Joshua Welch, 811 F.3d 275 (8th Cir. 2016). “Title 18 U.S.C. § 3103a(b) provides that notice of a warrant may be delayed if: (1)the court finds reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse result .”

Am. Civil Liberties Union v. U.S. Dep't of Just., 265 F. Supp. 2d 20 (D.D.C. 2003). “” Patriot Act, § 213, codified at 18 U.S.C. § 3103a(b). Moreover, although in more limited circumstances, these new warrants may also authorize the seizure of tangible property.”

United States v. Kirk Cottom, 679 F. App'x 518 (8th Cir. 2017).

In re United States for an Order Pursuant to 18 U.S.C. § 2705(b), 131 F. Supp. 3d 1266 (D. Utah 2015).

United States v. McLamb, 232 F. Supp. 3d 809 (E.D. Va. 2017).

— 18 U.S.C. § 3103a(b)(2) — 1 case

— 18 U.S.C. § 3103a(b)(3) — 2 cases

— 18 U.S.C. § 3103a(d) — 1 case

In re the United States for an Order Authorizing Disclosure of Location Info. of a Specified Wireless Tel., 849 F. Supp. 2d 526 (D. Maryland 2011). “Under the Leahy Bill, the government must get a search warrant to access contemporaneous (real-time) geolocation information from an electronic communications, remote computing, or geolocation information service provider, and either a search warrant or court order, issued on a…”

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