(June 25, 1948, ch. 645, 62 Stat. 819; Oct. 17, 1968, Pub. L. 90-578, title III, § 301(a)(4), 82 Stat. 1115.) AMENDMENTS 1968-Pub. L. 90-578 substituted "magistrates" for "Commissioners". EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates and assumption of office takes place or third anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see section 403 of Pub. L. 90-578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. § 3103. Grounds for issuing search warrant—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Grounds prescribed for issuance of search warrant, Rule 41(b). (June 25, 1948, ch. 645, 62 Stat. 819.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3103a of this title. § 3103a. Additional grounds for issuing warrant 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. (Added Pub. L. 90-351, title IX, § 1401(a), June 19, 1968, 82 Stat. 238.) CODIFICATION 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. § 3104. Issuance of search warrant; contents—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Issuance of search warrant on affidavit; contents to identify persons or place; command to search forthwith, Rule 41(c). (June 25, 1948, ch. 645, 62 Stat. 819.) § 3105. Persons authorized to serve search warrant A search warrant may in all cases be served by any of the officers mentioned in its direction or by an officer authorized by law to serve such warrant, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution. (June 25, 1948, ch. 645, 62 Stat. 819.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 617 (June 15, 1917, ch. 30, title XI, § 7, 40 Stat. 229). Minor change was made in phraseology. CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. FEDERAL RULES OF CRIMINAL PROCEDURE Search warrants and seizures, see rule 41, Appendix to this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. § 3106. Officer authorized to serve search warrant(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Officer to whom search warrant shall be directed, Rule 41(c). (June 25, 1948, ch. 645, 62 Stat. 819.) § 3107. Service of warrants and seizures by Federal Bureau of Investigation The Director, Associate Director, Assistant to the Director, Assistant Directors, agents, and inspectors of the Federal Bureau of Investigation of the Department of Justice are empowered to make seizures under warrant for violation of the laws of the United States. (June 25, 1948, ch. 645, 62 Stat. 819; Jan. 10, 1951, ch. 1221, § 2, 64 Stat. 1239.) HISTORICAL AND REVISION NOTES Based on section 300a of title 5, U.S.C., 1940 ed., Executive Departments and Government Officers and Employees (June 18, 1934, ch. 595, 48 Stat. 1008; Mar. 22, 1935, ch. 39, title II, 49 Stat. 77). Section 300a of title 5, U.S.C., 1940 ed., Executive Departments and Government Officers and Employees, was used as the basis for this section and section 3052 of this title. AMENDMENTS 1951-Act Jan. 10, 1951, included within its provisions the Associate Director and the Assistant to the Director. TRANSFER OF FUNCTIONS All functions of all other officers of the Department of Justice and all functions of all agencies and employees of such Department were, with a few exceptions, transferred to the Attorney General, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government Organization and Employees. § 3108. Execution, service, and return-(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Method and time for execution, service and return of search warrant, Rule 41(c), (d). (June 25, 1948, ch. 645, 62 Stat. 819.) § 3109. Breaking doors or windows for entry or exit The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute a search warrant, if, after notice of his authority and purpose, he is refused admittance or when necessary to liberate himself or a person aiding him in the execution of the warrant. (June 25, 1948, ch. 645, 62 Stat. 820.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 618, 619 (June 15, 1917, ch. 30, title XI, §§ 8, 9, 40 Stat. 229). Said sections 618 and 619 were consolidated with minor changes in phraseology but without change of substance. CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title. FEDERAL RULES OF CRIMINAL PROCEDURE Search warrants and seizures, see rule 41, Appendix to this title. CROSS REFERENCES Authority, exceeding in executing warrant, see section 2234 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14 of this title. § 3110. Property defined-(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Term "property" as used in Rule 41 includes documents, books, papers and any other tangible objects, Rule 41(g). (June 25, 1948, ch. 645, 62 Stat. 820.) REFERENCES IN TEXT Rule 41(g), referred to in text, was relettered 41(h) by 1972 amendment eff. Oct. 1, 1972. § 3111. Property seizable on search warrant—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Specified property seizable on search warrant, Rule 41(b). (June 25, 1948, ch. 645, 62 Stat. 820.) [§ 3112. Repealed. Pub. L. 97-79, § 9(b)(3), Nov. 16, 1981, 95 Stat. 1079] Section, acts June 25, 1948, ch. 645, 62 Stat. 820; Dec. 5, 1969, Pub. L. 91-135, § 7(c), 83 Stat. 281; Nov. 8, 1978, Pub. L. 95-616, § 3(j)(1), 92 Stat. 3112, provided for issuance of search warrants for seizure of animals, birds, and eggs. See section 3375 of Title 16, Conservation. § 3113. Liquor violations in Indian country If any superintendent of Indian affairs, or commanding officer of a military post, or special agent of the Office of Indian Affairs for the suppression of liquor traffic among Indians and in the Indian country and any authorized deputies under his supervision has probable cause to believe that any person is about to introduce or has introduced any spirituous liquor, beer, wine or other intoxicating liquors named in sections 1154 and 1156 of this title into the Indian country in violation of law, he may cause the places, conveyances, and packages of such person to be searched. If any such intoxicating liquor is found therein, the same, together with such conveyances and packages of such person, shall be seized and delivered to the proper officer, and shall be proceeded against by libel in the proper court, and forfeited, onehalf to the informer and one-half to the use of the United States. If such person be a trader, his license shall be revoked and his bond put in suit. Any person in the service of the United States authorized by this section to make searches and seizures, or any Indian may take and destroy any ardent spirits or wine found in the Indian country, except such as are kept or used for scientific, sacramental, medicinal, or mechanical purposes or such as may be introduced therein by the Department of the Army. In all cases arising under this section and sections 1154 and 1156 of this title, Indians shall be competent witnesses. (June 25, 1948, ch. 645, 62 Stat. 820; Oct. 31, 1951, ch. 655, § 30, 65 Stat. 721.) HISTORICAL AND REVISION NOTES Based on sections 246, 248, 252 of title 25, U.S.C., 1940 ed., Indians (R.S. § 2140; Mar. 1, 1907, ch. 2285, 34 Stat. 1017; May 18, 1916, ch. 125, § 1, 39 Stat. 124). Said sections 246, 248, and 252 were consolidated. References to Indian agent and subagent were deleted since those positions no longer exist. See section 64 of title 25, U.S.C., 1940 ed., Indians, and notes thereunder. Words "except such as are kept or used for scientific, sacramental, medicinal or mechanical purposes" were inserted. See reviser's note under section 1154 of this title. Words "conveyances and packages" were substituted for the enumeration, "boats, teams, wagons and sleds *** and goods, packages and peltries." Minor changes were made in phraseology. AMENDMENTS 1951-Act Oct. 31, 1951, substituted "Department of the Army" for "War Department" in second par. FEDERAL RULES OF CIVIL PROCEDURE Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Application of Indian liquor laws, see section 1161 of this title. Disposition of seized conveyances, see section 3670 of this title. Forfeitures and seizures Conveyances introducing intoxicants into Indian Proceedings, see section 2461 of Title 28. Unlawful possession of intoxicants in Indian country, see section 1156 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1161, 3670 of this title. § 3114. Return of seized property and suppression of evidence; motion-(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Return of property and suppression of evidence upon motion, Rule 41(e). (June 25, 1948, ch. 645, 62 Stat. 820.) § 3115. Inventory upon execution and return of search warrant―(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Inventory of property seized under search warrant and copies to persons affected, Rule 41(d). (June 25, 1948, ch. 645, 62 Stat. 820.) § 3116. Records of examining magistrate; return to clerk of court-(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Magistrates and clerks of court to keep records as prescribed by Director of the Administrative Office of the United States Courts, Rule 55. Return or filing of records with clerk, Rule 41(f). (June 25, 1948, ch. 645, 62 Stat. 821; Oct. 17, 1968, Pub. L. 90-578, title III, § 301(a)(4), 82 Stat. 1115.) HISTORICAL AND REVISION NOTES Section 627 of title 18, U.S.C., 1940 ed., relating to the filing of search warrants and companion papers, was omitted as unnecessary in view of Rule 41(f) of the Federal Rules of Criminal Procedure. REFERENCES IN TEXT Rule 41(f), referred to in text, was redesignated 41(g) by 1972 amendment eff. Oct. 1, 1972. AMENDMENTS 1968-Pub. L. 90-578 substituted "Magistrates" for "Commissioners". EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-578 effective Oct. 7, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates and assumption of office takes place or third anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see section 403 of Pub. L. 90-578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. § 3117.3 Mobile tracking devices (a) IN GENERAL.-If a court is empowered to issue a warrant or other order for the installation of a mobile tracking device, such order may authorize the use of that device within the jurisdiction of the court, and outside that jurisdiction if the device is installed in that jurisdiction. (b) DEFINITION.-As used in this section, the term "tracking device" means an electronic or mechanical device which permits the tracking of the movement of a person or object. (Added Pub. L. 99-508, title I, § 108(a), Oct. 21, 1986, 100 Stat. 1858.) EFFECTIVE DATE Section effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 111 of Pub. L. 99-508, set out as an Effective Date of 1986 Amendment note under section 2510 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2510 of this title. * Another section 3117 is set out after this section. § 3117.* Implied consent for certain tests (a) CONSENT.-Whoever operates a motor vehicle in the special maritime and territorial jurisdiction of the United States consents thereby to a chemical test or tests of such person's blood, breath, or urine, if arrested for any offense arising from such person's driving while under the influence of a drug or alcohol in such jurisdiction. The test or tests shall be administered upon the request of a police officer having reasonable grounds to believe the person arrested to have been driving a motor vehicle upon the special maritime and territorial jurisdiction of the United States while under the influence of drugs or alcohol in violation of the laws of a State, territory, possession, or district. (b) EFFECT OF REFUSAL.-Whoever, having consented to a test or tests by reason of subsection (a), refuses to submit to such a test or tests, after having first been advised of the consequences of such a refusal, shall be denied the privilege of operating a motor vehicle upon the special maritime and territorial jurisdiction of the United States during the period of a year commencing on the date of arrest upon which such test or tests was refused, and such refusal may be admitted into evidence in any case arising from such person's driving while under the influence of a drug or alcohol in such jurisdiction. Any person who operates a motor vehicle in the special maritime and territorial jurisdiction of the United States after having been denied such privilege under this subsection shall be treated for the purposes of any civil or criminal proceedings arising out of such operation as operating such vehicle without a license to do so. (Added Pub. L. 100-690, title VI, § 6477(b)(1), Nov. 18, 1988, 102 Stat. 4381.) § 3121. General prohibition on pen register and trap and trace device use; exception (a) IN GENERAL.-Except as provided in this section, no person may install or use a pen register or a trap and trace device without first obtaining a court order under section 3123 of this title or under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). (b) EXCEPTION.-The prohibition of subsection (a) does not apply with respect to the use of a pen register or a trap and trace device by a provider of electronic or wire communication service (1) relating to the operation, maintenance, and testing of a wire or electronic communication service or to the protection of the rights or property of such provider, or to the protection of users of that service from abuse of service or unlawful use of service; or (2) to record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful or abusive use of service; or (3) where the consent of the user of that service has been obtained. (c) PENALTY.-Whoever knowingly violates subsection (a) shall be fined under this title or imprisoned not more than one year, or both. (Added Pub. L. 99-508, title III, § 301(a), Oct. 21, 1986, 100 Stat. 1868.) REFERENCES IN TEXT The Foreign Intelligence Surveillance Act of 1978, referred to in subsec. (a), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as amended, which is classified principally to chapter 36 (§ 1801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 50 and Tables. EFFECTIVE DATE Section 302 of title III of Pub. L. 99-508 provided that: "(a) IN GENERAL.-Except as provided in subsection (b), this title and the amendments made by this title [enacting this chapter and section 1367 of this title] shall take effect ninety days after the date of the enactment of this Act [Oct. 21, 1986] and shall, in the case of conduct pursuant to a court order or extension, apply only with respect to court orders or extensions made after this title takes effect. "(b) SPECIAL RULE FOR STATE AUTHORIZATIONS OF INTERCEPTIONS.-Any pen register or trap and trace device order or installation which would be valid and lawful without regard to the amendments made by this title shall be valid and lawful notwithstanding such amendments if such order or installation occurs during the period beginning on the date such amendments take effect and ending on the earlier of "(1) the day before the date of the taking effect of changes in State law required in order to make orders or installations under Federal law as amended by this title; or "(2) the date two years after the date of the enactment of this Act [Oct. 21, 1986]." § 3122. Application for an order for a pen register or a trap and trace device (a) APPLICATION.-(1) An attorney for the Government may make application for an order or an extension of an order under section 3123 of this title authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to a court of competent jurisdiction. (2) Unless prohibited by State law, a State investigative or law enforcement officer may make application for an order or an extension of an order under section 3123 of this title authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to a court of competent jurisdiction of such State. (b) CONTENTS OF APPLICATION.-An application under subsection (a) of this section shall include (1) the identity of the attorney for the Government or the State law enforcement or investigative officer making the application and the identity of the law enforcement agency conducting the investigation; and (2) a certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency. (Added Pub. L. 99-508, title III, § 301(a), Oct. 21, 1986, 100 Stat. 1869.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3123 of this title. § 3123. Issuance of an order for a pen register or a trap and trace device (a) IN GENERAL.-Upon an application made under section 3122 of this title, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the attorney for the Government or the State law enforcement or investigative officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation. (b) CONTENTS OF ORDER.-An order issued under this section (1) shall specify (A) the identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached; (B) the identity, if known, of the person who is the subject of the criminal investigation; (C) the number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order; and (D) a statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates; and (2) shall direct, upon the request of the applicant, the furnishing of information, facili ties, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device under section 3124 of this title. (c) TIME PERIOD AND EXTENSIONS.-(1) An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed sixty days. (2) Extensions of such an order may be granted, but only upon an application for an order under section 3122 of this title and upon the judicial finding required by subsection (a) of this section. The period of extension shall be for a period not to exceed sixty days. (d) NONDISCLOSURE OF EXISTENCE OF PEN REGISTER OR A TRAP AND TRACE DEVICE.-An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that (1) the order be sealed until otherwise ordered by the court; and (2) the person owning or leasing the line to which the pen register or a trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber, or to any other person, unless or until otherwise ordered by the court. (Added Pub. L. 99-508, title III, § 301(a), Oct. 21, 1986, 100 Stat. 1869.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3121, 3122, 3124, 3125 of this title. § 3124. Assistance in installation and use of a pen register or a trap and trace device (a) PEN REGISTERS.-Upon the request of an attorney for the Government or an officer of a law enforcement agency authorized to install and use a pen register under this chapter, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish such investigative or law enforcement officer forthwith all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by a court order as provided in section 3123(b)(2) of this title. (b) TRAP AND TRACE DEVICE.-Upon the request of an attorney for the Government or an officer of a law enforcement agency authorized to receive the results of a trap and trace device under this chapter, a provider of a wire or electronic communication service, landlord, custodian, or other person shall install such device forthwith on the appropriate line and shall furnish such investigative or law enforcement officer all additional information, facilities and technical assistance including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such installation and assistance is directed by a court order as provided in section 3123(b)(2) of this title. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished, pursuant to subsection 1 3123(b) or section 3125 of this title, to the officer of a law enforcement agency, designated in the court order, at reasonable intervals during regular business hours for the duration of the order. 1 (c) COMPENSATION.-A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance. (d) NO CAUSE OF ACTION AGAINST A PROVIDER DISCLOSING INFORMATION UNDER THIS CHAPTER. NO cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under this chapter or request pursuant to section 3125 of this title. (e) DEFENSE.-A good faith reliance on a court order under this chapter, a request pursuant to section 3125 of this title, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under this chapter or any other law. (Added Pub. L. 99-508, title III, § 301(a), Oct. 21, 1986, 100 Stat. 1870, and amended Pub. L. 100-690, title VII, §§ 7040, 7092(b), (d), Nov. 18, 1988, 102 Stat. 4399, 4411.) AMENDMENTS 1988-Subsec. (b). Pub. L. 100-690, §§ 7040, 7092(d), inserted", pursuant to subsection 3123(b) or section 3125 of this title," after "shall be furnished" and "order" after last reference to "court". Subsec. (d). Pub. L. 100-690, § 7092(b)(1), inserted "or request pursuant to section 3125 of this title" after "this chapter". Subsec. (e). Pub. L. 100-690, § 7092(b)(2), inserted "under this chapter, a request pursuant to section 3125 of this title" after "court order". SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3123 of this title. § 3125. Emergency pen register and trap and trace device installation (a) Notwithstanding any other provision of this chapter, any investigative or law enforcement officer, specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, any acting Assistant Attorney General, or any Deputy Assistant Attorney General, or by the principal prosecuting attorney of any State or subdivision thereof acting 'So in original. Probably should be "section". |