12 U.S.C. § 3406 — Search warrants
submitted 48 years ago by Pub. L. 95-630 to r/title-12-BANKS-AND-BANKING · 347 words · no verdicts yet
A Government authority may obtain records by search warrant only under the Federal Rules of Criminal Procedure. It generally must mail the warrant and notice within 90 days, although a court may delay notice under specified conditions.
(a) A Government authority may obtain financial records under section 3402(3) only by obtaining a search warrant under the Federal Rules of Criminal Procedure. (b) No later than 90 days after serving the warrant, the authority must mail the customer’s last known address a copy of the warrant and notice stating that the named agency or department obtained the records on the stated date for the stated purpose and that the customer may have rights under the Right to Financial Privacy Act of 1978. (c) On the authority’s application, a court may delay that mailing for no more than 180 days after service if it makes the findings required by section 3409(a). The court must then issue an ex parte delay order and bar the financial institution from disclosing that records were obtained or that the warrant was executed. The court may grant additional delays of up to 90 days under this subsection. When the delay ends, the customer must receive the warrant and notice saying that notification was delayed beyond the 90-day statutory period because the court found that notice would seriously jeopardize the stated investigation, and that the customer may have rights under the Act.
A Government authority may obtain financial records under section 3402(3) of this title only if it obtains a search warrant pursuant to the Federal Rules of Criminal Procedure.
No later than ninety days after the Government authority serves the search warrant, it shall mail to the customer’s last known address a copy of the search warrant together with the following notice:
“Records or information concerning your transactions held by the financial institution named in the attached search warrant were obtained by this (agency or department) on (date) for the following purpose: . You may have rights under the Right to Financial Privacy Act of 1978 [12 U.S.C. 3401 et seq.].”.
Upon application of the Government authority, a court may grant a delay in the mailing of the notice required in subsection (b), which delay shall not exceed one hundred and eighty days following the service of the warrant, if the court makes the findings required in section 3409(a) of this title. If the court so finds, it shall enter an ex parte order granting the requested delay and an order prohibiting the financial institution from disclosing that records have been obtained or that a search warrant for such records has been executed. Additional delays of up to ninety days may be granted by the court upon application, but only in accordance with this subsection. Upon expiration of the period of delay of notification of the customer, the following notice shall be mailed to the customer along with a copy of the search warrant:
“Records or information concerning your transactions held by the financial institution named in the attached search warrant were obtained by this (agency or department) on (date). Notification was delayed beyond the statutory ninety-day delay period pursuant to a determination by the court that such notice would seriously jeopardize an investigation concerning . You may have rights under the Right to Financial Privacy Act of 1978 [12 U.S.C. 3401 et seq.].”.
Source credit: (Pub. L. 95–630, title XI, § 1106, Nov. 10, 1978, 92 Stat. 3700.)
- 1978Enacted · Pub. L. 95-630 · 92 Stat. 3700
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-630 on 1978-11-10.
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