50 U.S.C. § 1825 : US Code - Section 1825: Use of information

Search 50 U.S.C. § 1825 : US Code - Section 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) (!1) 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.
(k) Coordination with law enforcement on national security matters
(1) Federal officers who conduct physical searches 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 1823(a)(7) of this
title or the entry of an order under section 1824 of this title.