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U.S. Code as of:
01/19/04
Section 2000aa. Searches and seizures by government officers and employees in connection with investigation or prosecution of criminal offenses
(a) Work product materials
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) Other documents
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 -
(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);
(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) Objections to court ordered subpoenas; affidavits
In the event a search warrant is sought pursuant to paragraph
(4)(B) of subsection (b) of this section, 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.
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