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U.S. Code as of:
01/19/04
Section 3406. Search warrants
(a) Applicability of Federal Rules of Criminal Procedure
A Government authority may obtain financial records under section
3402(3) of this title only if it obtains a search warrant pursuant
to the Federal Rules of Criminal Procedure.
(b) Mailing of copy and notice to customer
No later than ninety days after the Government authority serves
the search warrant, it shall mail to the customer's last known
address a copy of the search warrant together with the following
notice:
"Records or information concerning your transactions held by the
financial institution named in the attached search warrant were
obtained by this (agency or department) on (date) for the following
purpose: . You may have rights under the Right to Financial
Privacy Act of 1978 [12 U.S.C. 3401 et seq.].".
(c) Court-ordered delays in mailing
Upon application of the Government authority, a court may grant a
delay in the mailing of the notice required in subsection (b) of
this section, which delay shall not exceed one hundred and eighty
days following the service of the warrant, if the court makes the
findings required in section 3409(a) of this title. If the court so
finds, it shall enter an ex parte order granting the requested
delay and an order prohibiting the financial institution from
disclosing that records have been obtained or that a search warrant
for such records has been executed. Additional delays of up to
ninety days may be granted by the court upon application, but only
in accordance with this subsection. Upon expiration of the period
of delay of notification of the customer, the following notice
shall be mailed to the customer along with a copy of the search
warrant:
"Records or information concerning your transactions held by the
financial institution named in the attached search warrant were
obtained by this (agency or department) on (date). Notification was
delayed beyond the statutory ninety-day delay period pursuant to a
determination by the court that such notice would seriously
jeopardize an investigation concerning . You may have
rights under the Right to Financial Privacy Act of 1978 [12 U.S.C.
3401 et seq.].".
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