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U.S. Code as of:
01/19/04
Section 2518. Procedure for interception of wire, oral, or electronic communications
(1) Each application for an order authorizing or approving the
interception of a wire, oral, or electronic communication under
this chapter shall be made in writing upon oath or affirmation to a
judge of competent jurisdiction and shall state the applicant's
authority to make such application. Each application shall include
the following information:
(a) the identity of the investigative or law enforcement
officer making the application, and the officer authorizing the
application;
(b) a full and complete statement of the facts and
circumstances relied upon by the applicant, to justify his belief
that an order should be issued, including (i) details as to the
particular offense that has been, is being, or is about to be
committed, (ii) except as provided in subsection (11), a
particular description of the nature and location of the
facilities from which or the place where the communication is to
be intercepted, (iii) a particular description of the type of
communications sought to be intercepted, (iv) the identity of the
person, if known, committing the offense and whose communications
are to be intercepted;
(c) a full and complete statement as to whether or not other
investigative procedures have been tried and failed or why they
reasonably appear to be unlikely to succeed if tried or to be too
dangerous;
(d) a statement of the period of time for which the
interception is required to be maintained. If the nature of the
investigation is such that the authorization for interception
should not automatically terminate when the described type of
communication has been first obtained, a particular description
of facts establishing probable cause to believe that additional
communications of the same type will occur thereafter;
(e) a full and complete statement of the facts concerning all
previous applications known to the individual authorizing and
making the application, made to any judge for authorization to
intercept, or for approval of interceptions of, wire, oral, or
electronic communications involving any of the same persons,
facilities or places specified in the application, and the action
taken by the judge on each such application; and
(f) where the application is for the extension of an order, a
statement setting forth the results thus far obtained from the
interception, or a reasonable explanation of the failure to
obtain such results.
(2) The judge may require the applicant to furnish additional
testimony or documentary evidence in support of the application.
(3) Upon such application the judge may enter an ex parte order,
as requested or as modified, authorizing or approving interception
of wire, oral, or electronic communications within the territorial
jurisdiction of the court in which the judge is sitting (and
outside that jurisdiction but within the United States in the case
of a mobile interception device authorized by a Federal court
within such jurisdiction), if the judge determines on the basis of
the facts submitted by the applicant that -
(a) there is probable cause for belief that an individual is
committing, has committed, or is about to commit a particular
offense enumerated in section 2516 of this chapter;
(b) there is probable cause for belief that particular
communications concerning that offense will be obtained through
such interception;
(c) normal investigative procedures have been tried and have
failed or reasonably appear to be unlikely to succeed if tried or
to be too dangerous;
(d) except as provided in subsection (11), there is probable
cause for belief that the facilities from which, or the place
where, the wire, oral, or electronic communications are to be
intercepted are being used, or are about to be used, in
connection with the commission of such offense, or are leased to,
listed in the name of, or commonly used by such person.
(4) Each order authorizing or approving the interception of any
wire, oral, or electronic communication under this chapter shall
specify -
(a) the identity of the person, if known, whose communications
are to be intercepted;
(b) the nature and location of the communications facilities as
to which, or the place where, authority to intercept is granted;
(c) a particular description of the type of communication
sought to be intercepted, and a statement of the particular
offense to which it relates;
(d) the identity of the agency authorized to intercept the
communications, and of the person authorizing the application;
and
(e) the period of time during which such interception is
authorized, including a statement as to whether or not the
interception shall automatically terminate when the described
communication has been first obtained.
An order authorizing the interception of a wire, oral, or
electronic communication under this chapter shall, upon request of
the applicant, direct that a provider of wire or electronic
communication service, landlord, custodian or other person shall
furnish the applicant forthwith all information, facilities, and
technical assistance necessary to accomplish the interception
unobtrusively and with a minimum of interference with the services
that such service provider, landlord, custodian, or person is
according the person whose communications are to be intercepted.
Any provider of wire or electronic communication service, landlord,
custodian or other person furnishing such facilities or technical
assistance shall be compensated therefor by the applicant for
reasonable expenses incurred in providing such facilities or
assistance. Pursuant to section 2522 of this chapter, an order may
also be issued to enforce the assistance capability and capacity
requirements under the Communications Assistance for Law
Enforcement Act.
(5) No order entered under this section may authorize or approve
the interception of any wire, oral, or electronic communication for
any period longer than is necessary to achieve the objective of the
authorization, nor in any event longer than thirty days. Such
thirty-day period begins on the earlier of the day on which the
investigative or law enforcement officer first begins to conduct an
interception under the order or ten days after the order is
entered. Extensions of an order may be granted, but only upon
application for an extension made in accordance with subsection (1)
of this section and the court making the findings required by
subsection (3) of this section. The period of extension shall be no
longer than the authorizing judge deems necessary to achieve the
purposes for which it was granted and in no event for longer than
thirty days. Every order and extension thereof shall contain a
provision that the authorization to intercept shall be executed as
soon as practicable, shall be conducted in such a way as to
minimize the interception of communications not otherwise subject
to interception under this chapter, and must terminate upon
attainment of the authorized objective, or in any event in thirty
days. In the event the intercepted communication is in a code or
foreign language, and an expert in that foreign language or code is
not reasonably available during the interception period,
minimization may be accomplished as soon as practicable after such
interception. An interception under this chapter may be conducted
in whole or in part by Government personnel, or by an individual
operating under a contract with the Government, acting under the
supervision of an investigative or law enforcement officer
authorized to conduct the interception.
(6) Whenever an order authorizing interception is entered
pursuant to this chapter, the order may require reports to be made
to the judge who issued the order showing what progress has been
made toward achievement of the authorized objective and the need
for continued interception. Such reports shall be made at such
intervals as the judge may require.
(7) 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, or by the principal prosecuting attorney of any
State or subdivision thereof acting pursuant to a statute of that
State, who reasonably determines that -
(a) an emergency situation exists that involves -
(i) immediate danger of death or serious physical injury to
any person,
(ii) conspiratorial activities threatening the national
security interest, or
(iii) conspiratorial activities characteristic of organized
crime,
that requires a wire, oral, or electronic communication to be
intercepted before an order authorizing such interception can,
with due diligence, be obtained, and
(b) there are grounds upon which an order could be entered
under this chapter to authorize such interception,
may intercept such wire, oral, or electronic communication if an
application for an order approving the interception is made in
accordance with this section within forty-eight hours after the
interception has occurred, or begins to occur. In the absence of an
order, such interception shall immediately terminate when the
communication sought is obtained or when the application for the
order is denied, whichever is earlier. In the event such
application for approval is denied, or in any other case where the
interception is terminated without an order having been issued, the
contents of any wire, oral, or electronic communication intercepted
shall be treated as having been obtained in violation of this
chapter, and an inventory shall be served as provided for in
subsection (d) of this section on the person named in the
application.
(8)(a) The contents of any wire, oral, or electronic
communication intercepted by any means authorized by this chapter
shall, if possible, be recorded on tape or wire or other comparable
device. The recording of the contents of any wire, oral, or
electronic communication under this subsection shall be done in
such a way as will protect the recording from editing or other
alterations. Immediately upon the expiration of the period of the
order, or extensions thereof, such recordings shall be made
available to the judge issuing such order and sealed under his
directions. Custody of the recordings shall be wherever the judge
orders. They shall not be destroyed except upon an order of the
issuing or denying judge and in any event shall be kept for ten
years. Duplicate recordings may be made for use or disclosure
pursuant to the provisions of subsections (1) and (2) of section
2517 of this chapter for investigations. The presence of the seal
provided for by this subsection, or a satisfactory explanation for
the absence thereof, shall be a prerequisite for the use or
disclosure of the contents of any wire, oral, or electronic
communication or evidence derived therefrom under subsection (3) of
section 2517.
(b) Applications made and orders granted under this chapter shall
be sealed by the judge. Custody of the applications and orders
shall be wherever the judge directs. Such applications and orders
shall be disclosed only upon a showing of good cause before a judge
of competent jurisdiction and shall not be destroyed except on
order of the issuing or denying judge, and in any event shall be
kept for ten years.
(c) Any violation of the provisions of this subsection may be
punished as contempt of the issuing or denying judge.
(d) Within a reasonable time but not later than ninety days after
the filing of an application for an order of approval under section
2518(7)(b) which is denied or the termination of the period of an
order or extensions thereof, the issuing or denying judge shall
cause to be served, on the persons named in the order or the
application, and such other parties to intercepted communications
as the judge may determine in his discretion that is in the
interest of justice, an inventory which shall include notice of -
(1) the fact of the entry of the order or the application;
(2) the date of the entry and the period of authorized,
approved or disapproved interception, or the denial of the
application; and
(3) the fact that during the period wire, oral, or electronic
communications were or were not intercepted.
The judge, upon the filing of a motion, may in his discretion make
available to such person or his counsel for inspection such
portions of the intercepted communications, applications and orders
as the judge determines to be in the interest of justice. On an ex
parte showing of good cause to a judge of competent jurisdiction
the serving of the inventory required by this subsection may be
postponed.
(9) The contents of any wire, oral, or electronic communication
intercepted pursuant to this chapter or evidence derived therefrom
shall not be received in evidence or otherwise disclosed in any
trial, hearing, or other proceeding in a Federal or State court
unless each party, not less than ten days before the trial,
hearing, or proceeding, has been furnished with a copy of the court
order, and accompanying application, under which the interception
was authorized or approved. This ten-day period may be waived by
the judge if he finds that it was not possible to furnish the party
with the above information ten days before the trial, hearing, or
proceeding and that the party will not be prejudiced by the delay
in receiving such information.
(10)(a) Any aggrieved person in any trial, hearing, or proceeding
in or before any court, department, officer, agency, regulatory
body, or other authority of the United States, a State, or a
political subdivision thereof, may move to suppress the contents of
any wire or oral communication intercepted pursuant to this
chapter, or evidence derived therefrom, on the grounds that -
(i) the communication was unlawfully intercepted;
(ii) the order of authorization or approval under which it was
intercepted is insufficient on its face; or
(iii) the interception was not made in conformity with the
order of authorization or approval.
Such motion shall be made before the trial, hearing, or proceeding
unless there was no opportunity to make such motion or the person
was not aware of the grounds of the motion. If the motion is
granted, the contents of the intercepted wire or oral
communication, or evidence derived therefrom, shall be treated as
having been obtained in violation of this chapter. The judge, upon
the filing of such motion by the aggrieved person, may in his
discretion make available to the aggrieved person or his counsel
for inspection such portions of the intercepted communication or
evidence derived therefrom as the judge determines to be in the
interests of justice.
(b) In addition to any other right to appeal, the United States
shall have the right to appeal from an order granting a motion to
suppress made under paragraph (a) of this subsection, or the denial
of an application for an order of approval, if the United States
attorney shall certify to the judge or other official granting such
motion or denying such application that the appeal is not taken for
purposes of delay. Such appeal shall be taken within thirty days
after the date the order was entered and shall be diligently
prosecuted.
(c) The remedies and sanctions described in this chapter with
respect to the interception of electronic communications are the
only judicial remedies and sanctions for nonconstitutional
violations of this chapter involving such communications.
(11) The requirements of subsections (1)(b)(ii) and (3)(d) of
this section relating to the specification of the facilities from
which, or the place where, the communication is to be intercepted
do not apply if -
(a) in the case of an application with respect to the
interception of an oral communication -
(i) the application is by a Federal investigative or law
enforcement officer and is approved by the Attorney General,
the Deputy Attorney General, the Associate Attorney General, an
Assistant Attorney General, or an acting Assistant Attorney
General;
(ii) the application contains a full and complete statement
as to why such specification is not practical and identifies
the person committing the offense and whose communications are
to be intercepted; and
(iii) the judge finds that such specification is not
practical; and
(b) in the case of an application with respect to a wire or
electronic communication -
(i) the application is by a Federal investigative or law
enforcement officer and is approved by the Attorney General,
the Deputy Attorney General, the Associate Attorney General, an
Assistant Attorney General, or an acting Assistant Attorney
General;
(ii) the application identifies the person believed to be
committing the offense and whose communications are to be
intercepted and the applicant makes a showing that there is
probable cause to believe that the person's actions could have
the effect of thwarting interception from a specified facility;
(iii) the judge finds that such showing has been adequately
made; and
(iv) the order authorizing or approving the interception is
limited to interception only for such time as it is reasonable
to presume that the person identified in the application is or
was reasonably proximate to the instrument through which such
communication will be or was transmitted.
(12) An interception of a communication under an order with
respect to which the requirements of subsections (1)(b)(ii) and
(3)(d) of this section do not apply by reason of subsection (11)(a)
shall not begin until the place where the communication is to be
intercepted is ascertained by the person implementing the
interception order. A provider of wire or electronic communications
service that has received an order as provided for in subsection
(11)(b) may move the court to modify or quash the order on the
ground that its assistance with respect to the interception cannot
be performed in a timely or reasonable fashion. The court, upon
notice to the government, shall decide such a motion expeditiously.
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