50 U.S.C. § 1824 : US Code - Section 1824: Issuance of order

Search 50 U.S.C. § 1824 : US Code - Section 1824: Issuance of order

(a) Necessary findings
Upon an application made pursuant to section 1823 of this title,
the judge shall enter an ex parte order as requested or as modified
approving the physical search if the judge finds that -
(1) the President has authorized the Attorney General to
approve applications for physical searches for foreign
intelligence purposes;
(2) the application has been made by a Federal officer and
approved by the Attorney General;
(3) on the basis of the facts submitted by the applicant there
is probable cause to believe that -
(A) the target of the physical search is a foreign power or
an agent of a foreign power, except that no United States
person may be considered an agent of a foreign power solely
upon the basis of activities protected by the first amendment
to the Constitution of the United States; and
(B) the premises or property to be searched is owned, used,
possessed by, or is in transit to or from an agent of a foreign
power or a foreign power;
(4) the proposed minimization procedures meet the definition of
minimization contained in this subchapter; and
(5) the application which has been filed contains all
statements and certifications required by section 1823 of this
title, and, if the target is a United States person, the
certification or certifications are not clearly erroneous on the
basis of the statement made under section 1823(a)(7)(E) of this
title and any other information furnished under section 1823(c)
of this title.
(b) Determination of probable cause
In determining whether or not probable cause exists for purposes
of an order under subsection (a)(3) of this section, a judge may
consider past activities of the target, as well as facts and
circumstances relating to current or future activities of the
target.
(c) Specifications and directions of orders
An order approving a physical search under this section shall -
(1) specify -
(A) the identity, if known, or a description of the target of
the physical search;
(B) the nature and location of each of the premises or
property to be searched;
(C) the type of information, material, or property to be
seized, altered, or reproduced;
(D) a statement of the manner in which the physical search is
to be conducted and, whenever more than one physical search is
authorized under the order, the authorized scope of each search
and what minimization procedures shall apply to the information
acquired by each search; and
(E) the period of time during which physical searches are
approved; and
(2) direct -
(A) that the minimization procedures be followed;
(B) that, upon the request of the applicant, a specified
landlord, custodian, or other specified person furnish the
applicant forthwith all information, facilities, or assistance
necessary to accomplish the physical search in such a manner as
will protect its secrecy and produce a minimum of interference
with the services that such landlord, custodian, or other
person is providing the target of the physical search;
(C) that such landlord, custodian, or other person maintain
under security procedures approved by the Attorney General and
the Director of National Intelligence any records concerning
the search or the aid furnished that such person wishes to
retain;
(D) that the applicant compensate, at the prevailing rate,
such landlord, custodian, or other person for furnishing such
aid; and
(E) that the Federal officer conducting the physical search
promptly report to the court the circumstances and results of
the physical search.
(d) Duration of order; extensions; assessment of compliance
(1) An order issued under this section may approve a physical
search for the period necessary to achieve its purpose, or for 90
days, whichever is less, except that (A) an order under this
section shall approve a physical search targeted against a foreign
power, as defined in paragraph (1), (2), or (3) of section 1801(a)
of this title, for the period specified in the application or for
one year, whichever is less, and (B) an order under this section
for a physical search targeted against an agent of a foreign power
as defined in section 1801(b)(1)(A) of this title may be for the
period specified in the application or for 120 days, whichever is
less.
(2) Extensions of an order issued under this subchapter may be
granted on the same basis as the original order upon an application
for an extension and new findings made in the same manner as
required for the original order, except that an extension of an
order under this chapter for a physical search targeted against a
foreign power, as defined in section 1801(a)(5) or (6) of this
title, or against a foreign power, as defined in section 1801(a)(4)
of this title, that is not a United States person, or against an
agent of a foreign power as defined in section 1801(b)(1)(A) of
this title, may be for a period not to exceed one year if the judge
finds probable cause to believe that no property of any individual
United States person will be acquired during the period.
(3) At or before the end of the period of time for which a
physical search is approved by an order or an extension, or at any
time after a physical search is carried out, the judge may assess
compliance with the minimization procedures by reviewing the
circumstances under which information concerning United States
persons was acquired, retained, or disseminated.
(e) Emergency orders
(1)(A) Notwithstanding any other provision of this subchapter,
whenever the Attorney General reasonably makes the determination
specified in subparagraph (B), the Attorney General may authorize
the execution of an emergency physical search if -
(i) a judge having jurisdiction under section 1803 of this
title is informed by the Attorney General or the Attorney
General's designee at the time of such authorization that the
decision has been made to execute an emergency search, and
(ii) an application in accordance with this subchapter is made
to that judge as soon as practicable but not more than 72 hours
after the Attorney General authorizes such search.
(B) The determination referred to in subparagraph (A) is a
determination that -
(i) an emergency situation exists with respect to the execution
of a physical search to obtain foreign intelligence information
before an order authorizing such search can with due diligence be
obtained, and
(ii) the factual basis for issuance of an order under this
subchapter to approve such a search exists.
(2) If the Attorney General authorizes an emergency search under
paragraph (1), the Attorney General shall require that the
minimization procedures required by this subchapter for the
issuance of a judicial order be followed.
(3) In the absence of a judicial order approving such a physical
search, the search shall terminate the earlier of -
(A) the date on which the information sought is obtained;
(B) the date on which the application for the order is denied;
or
(C) the expiration of 72 hours from the time of authorization
by the Attorney General.
(4) In the event that such application for approval is denied, or
in any other case where the physical search is terminated and no
order is issued approving the search, no information obtained or
evidence derived from such search shall be received in evidence or
otherwise disclosed in any trial, hearing, or other proceeding in
or before any court, grand jury, department, office, agency,
regulatory body, legislative committee, or other authority of the
United States, a State, or political subdivision thereof, and no
information concerning any United States person acquired from such
search shall subsequently be used or disclosed in any other manner
by Federal officers or employees without the consent of such
person, except with the approval of the Attorney General, if the
information indicates a threat of death or serious bodily harm to
any person. A denial of the application made under this subsection
may be reviewed as provided in section 1822 of this title.
(f) Retention of applications and orders
Applications made and orders granted under this subchapter shall
be retained for a period of at least 10 years from the date of the
application.