Searches and Seizures by Government Officers
§ 2000aa. Searches and seizures by government officers and employees in
connection with investigation or prosecution of criminal offenses
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, United States Code, or section
224, 225, or 227 of the Atomic Energy Act
of 1954 (42 U.S.C. 2274, 2275, 2277), or section 4 of the Subversive Activities
Control Act of 1950 (50 U.S.C. 783), 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,
United States Code); 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
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, United States Code, or section
224, 225, or 227 of the Atomic Energy Act
of 1954 (42 U.S.C. 2274, 2275, 2277), or section 4 of the Subversive Activities
Control Act of 1950 (50 U.S.C. 783), 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,
United States Code);
(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), 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.