
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-56 Section 504(b)]
[CITE: 50USC1825]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
              CHAPTER 36--FOREIGN INTELLIGENCE SURVEILLANCE
 
                    SUBCHAPTER II--PHYSICAL SEARCHES
 
Sec. 1825. Use of information


(a) Compliance with minimization procedures; lawful purposes

    Information acquired from a physical search 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 information acquired from a physical 
search pursuant to this subchapter may be used or disclosed by Federal 
officers or employees except for lawful purposes.

(b) Notice of search and identification of property seized, altered, or 
        reproduced

    Where a physical search authorized and conducted pursuant to section 
1824 of this title involves the residence of a United States person, 
and, at any time after the search the Attorney General determines there 
is no national security interest in continuing to maintain the secrecy 
of the search, the Attorney General shall provide notice to the United 
States person whose residence was searched of the fact of the search 
conducted pursuant to this chapter and shall identify any property of 
such person seized, altered, or reproduced during such search.

(c) 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.

(d) Notification by United States

    Whenever the United States 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 a physical search pursuant to the 
authority of this subchapter, the United States shall, prior to the 
trial, hearing, or the 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 United 
States intends to so disclose or so use such information.

(e) 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 a physical search 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.

(f) Motion to suppress

    (1) Any person against whom evidence obtained or derived from a 
physical search 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 search on the grounds that--
        (A) the information was unlawfully acquired; or
        (B) the physical search was not made in conformity with an order 
    of authorization or approval.

    (2) 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.

(g) In camera and ex parte review by district court

    Whenever a court or other authority is notified pursuant to 
subsection (d) or (e) of this section, or whenever a motion is made 
pursuant to subsection (f) 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 a physical search 
authorized by this subchapter or to discover, obtain, or suppress 
evidence or information obtained or derived from a physical search 
authorized by this subchapter, 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 provision of law, if the Attorney General 
files an affidavit under oath that disclosure or any 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 physical search as may be necessary to determine whether the 
physical search 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 physical search, or may require the Attorney General to provide 
to the aggrieved person a summary of such materials, only where such 
disclosure is necessary to make an accurate determination of the 
legality of the physical search.

(h) Suppression of evidence; denial of motion

    If the United States district court pursuant to subsection (g) of 
this section determines that the physical search 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 the physical search of the aggrieved person or otherwise grant the 
motion of the aggrieved person. If the court determines that the 
physical search was lawfully authorized or conducted, it shall deny the 
motion of the aggrieved person except to the extent that due process 
requires discovery or disclosure.

(i) Finality of orders

    Orders granting motions or requests under subsection (h) of this 
section, decisions under this section that a physical search 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 the physical search shall be 
final orders and binding upon all courts of the United States and the 
several States except a United States Court of Appeals or the Supreme 
Court.

(j) Notification of emergency execution of physical search; contents; 
        postponement, suspension, or elimination

    (1) If an emergency execution of a physical search is authorized 
under section 1824(d) of this title and a subsequent order approving the 
search 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 the search as the judge may determine in his 
discretion it is in the interests of justice to serve, notice of--
        (A) the fact of the application;
        (B) the period of the search; and
        (C) the fact that during the period information was or was not 
    obtained.

    (2) 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 90 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.

(Pub. L. 95-511, title III, Sec. 305, as added Pub. L. 103-359, title 
VIII, Sec. 807(a)(3), Oct. 14, 1994, 108 Stat. 3449.)

                  Section Referred to in Other Sections

    This section is referred to in sections 1822, 1826 of this title.
