|
U.S. Code as of:
01/19/04
Section 1806. Use of information
(a) Compliance with minimization procedures; privileged
communications; lawful purposes
Information acquired from an electronic surveillance conducted
pursuant to this subchapter concerning any United States person may
be used and disclosed by Federal officers and employees without the
consent of the United States person only in accordance with the
minimization procedures required by this subchapter. No otherwise
privileged communication obtained in accordance with, or in
violation of, the provisions of this subchapter shall lose its
privileged character. No information acquired from an electronic
surveillance pursuant to this subchapter may be used or disclosed
by Federal officers or employees except for lawful purposes.
(b) Statement for disclosure
No information acquired pursuant to this subchapter shall be
disclosed for law enforcement purposes unless such disclosure is
accompanied by a statement that such information, or any
information derived therefrom, may only be used in a criminal
proceeding with the advance authorization of the Attorney General.
(c) Notification by United States
Whenever the Government intends to enter into evidence or
otherwise use or disclose in any trial, hearing, or other
proceeding in or before any court, department, officer, agency,
regulatory body, or other authority of the United States, against
an aggrieved person, any information obtained or derived from an
electronic surveillance of that aggrieved person pursuant to the
authority of this subchapter, the Government shall, prior to the
trial, hearing, or other proceeding or at a reasonable time prior
to an effort to so disclose or so use that information or submit it
in evidence, notify the aggrieved person and the court or other
authority in which the information is to be disclosed or used that
the Government intends to so disclose or so use such information.
(d) Notification by States or political subdivisions
Whenever any State or political subdivision thereof intends to
enter into evidence or otherwise use or disclose in any trial,
hearing, or other proceeding in or before any court, department,
officer, agency, regulatory body, or other authority of a State or
a political subdivision thereof, against an aggrieved person any
information obtained or derived from an electronic surveillance of
that aggrieved person pursuant to the authority of this subchapter,
the State or political subdivision thereof shall notify the
aggrieved person, the court or other authority in which the
information is to be disclosed or used, and the Attorney General
that the State or political subdivision thereof intends to so
disclose or so use such information.
(e) Motion to suppress
Any person against whom evidence obtained or derived from an
electronic surveillance to which he is an aggrieved person is to
be, or has been, introduced or otherwise used or disclosed in any
trial, hearing, or other 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 evidence obtained or derived from such
electronic surveillance on the grounds that -
(1) the information was unlawfully acquired; or
(2) the surveillance was not made in conformity with an order
of authorization or approval.
Such a motion shall be made before the trial, hearing, or other
proceeding unless there was no opportunity to make such a motion or
the person was not aware of the grounds of the motion.
(f) In camera and ex parte review by district court
Whenever a court or other authority is notified pursuant to
subsection (c) or (d) of this section, or whenever a motion is made
pursuant to subsection (e) of this section, or whenever any motion
or request is made by an aggrieved person pursuant to any other
statute or rule of the United States or any State before any court
or other authority of the United States or any State to discover or
obtain applications or orders or other materials relating to
electronic surveillance or to discover, obtain, or suppress
evidence or information obtained or derived from electronic
surveillance under this chapter, the United States district court
or, where the motion is made before another authority, the United
States district court in the same district as the authority, shall,
notwithstanding any other law, if the Attorney General files an
affidavit under oath that disclosure or an adversary hearing would
harm the national security of the United States, review in camera
and ex parte the application, order, and such other materials
relating to the surveillance as may be necessary to determine
whether the surveillance of the aggrieved person was lawfully
authorized and conducted. In making this determination, the court
may disclose to the aggrieved person, under appropriate security
procedures and protective orders, portions of the application,
order, or other materials relating to the surveillance only where
such disclosure is necessary to make an accurate determination of
the legality of the surveillance.
(g) Suppression of evidence; denial of motion
If the United States district court pursuant to subsection (f) of
this section determines that the surveillance was not lawfully
authorized or conducted, it shall, in accordance with the
requirements of law, suppress the evidence which was unlawfully
obtained or derived from electronic surveillance of the aggrieved
person or otherwise grant the motion of the aggrieved person. If
the court determines that the surveillance was lawfully authorized
and conducted, it shall deny the motion of the aggrieved person
except to the extent that due process requires discovery or
disclosure.
(h) Finality of orders
Orders granting motions or requests under subsection (g) of this
section, decisions under this section that electronic surveillance
was not lawfully authorized or conducted, and orders of the United
States district court requiring review or granting disclosure of
applications, orders, or other materials relating to a surveillance
shall be final orders and binding upon all courts of the United
States and the several States except a United States court of
appeals and the Supreme Court.
(i) Destruction of unintentionally acquired information
In circumstances involving the unintentional acquisition by an
electronic, mechanical, or other surveillance device of the
contents of any radio communication, under circumstances in which a
person has a reasonable expectation of privacy and a warrant would
be required for law enforcement purposes, and if both the sender
and all intended recipients are located within the United States,
such contents shall be destroyed upon recognition, unless the
Attorney General determines that the contents indicate a threat of
death or serious bodily harm to any person.
(j) Notification of emergency employment of electronic
surveillance; contents; postponement, suspension or elimination
If an emergency employment of electronic surveillance is
authorized under section 1805(e) (!1) of this title and a
subsequent order approving the surveillance is not obtained, the
judge shall cause to be served on any United States person named in
the application and on such other United States persons subject to
electronic surveillance as the judge may determine in his
discretion it is in the interest of justice to serve, notice of -
(1) the fact of the application;
(2) the period of the surveillance; and
(3) the fact that during the period information was or was not
obtained.
On an ex parte showing of good cause to the judge the serving of
the notice required by this subsection may be postponed or
suspended for a period not to exceed ninety days. Thereafter, on a
further ex parte showing of good cause, the court shall forego
ordering the serving of the notice required under this subsection.
(k) Coordination with law enforcement on national security matters
(1) Federal officers who conduct electronic surveillance to
acquire foreign intelligence information under this subchapter may
consult with Federal law enforcement officers or law enforcement
personnel of a State or political subdivision of a State (including
the chief executive officer of that State or political subdivision
who has the authority to appoint or direct the chief law
enforcement officer of that State or political subdivision) to
coordinate efforts to investigate or protect against -
(A) actual or potential attack or other grave hostile acts of a
foreign power or an agent of a foreign power;
(B) sabotage or international terrorism by a foreign power or
an agent of a foreign power; or
(C) clandestine intelligence activities by an intelligence
service or network of a foreign power or by an agent of a foreign
power.
(2) Coordination authorized under paragraph (1) shall not
preclude the certification required by section 1804(a)(7)(B) of
this title or the entry of an order under section 1805 of this
title.
|
|