- (a) Work product materials
Notwithstanding any other law, it shall be unlawful for a
government officer or employee, in connection with the
investigation or prosecution of a criminal offense, to search for
or seize any work product materials possessed by a person
reasonably believed to have a purpose to disseminate to the public
a newspaper, book, broadcast, or other similar form of public
communication, in or affecting interstate or foreign commerce; but
this provision shall not impair or affect the ability of any
government officer or employee, pursuant to otherwise applicable
law, to search for or seize such materials, if -
- (1) there is probable cause to believe that the person
possessing such materials has committed or is committing the
criminal offense to which the materials relate: Provided,
however, That a government officer or employee may not search
for or seize such materials under the provisions of this
paragraph if the offense to which the materials relate consists
of the receipt, possession, communication, or withholding of
such materials or the information contained therein (but such a
search or seizure may be conducted under the provisions of this
paragraph if the offense consists of the receipt, possession,
or communication of information relating to the national
defense, classified information, or restricted data under the
provisions of section 793, 794, 797, or 798 of title 18, or
section 2274, 2275, or 2277 of this title, or section 783 of
title 50; or
- (2) there is reason to believe that the immediate seizure
of such materials is necessary to prevent the death of, or
serious bodily injury to, a human being.
- (b) Other documents
Notwithstanding any other law, it shall be unlawful for a
government officer or employee, in connection with the
investigation or prosecution of a criminal offense, to search for
or seize documentary materials, other than work product materials,
possessed by a person in connection with a purpose to disseminate
to the public a newspaper, book, broadcast, or other similar form
of public communication, in or affecting interstate or foreign
commerce; but this provision shall not impair or affect the
ability of any government officer or employee, pursuant to
otherwise applicable law, to search for or seize such materials,
if -
- (1) there is probable cause to believe that the person
possessing such materials has committed or is committing the
criminal offense to which the materials relate: Provided,
however, That a government officer or employee may not search
for or seize such materials under the provisions of this
paragraph if the offense to which the materials relate consists
of the receipt, possession, communication, or withholding of
such materials or the information contained therein (but such a
search or seizure may be conducted under the provisions of this
paragraph if the offense consists of the receipt, possession,
or communication of information relating to the national
defense, classified information, or restricted data under the
provisions of section 793, 794, 797, or 798 of title 18, or
section 2274, 2275, or 2277 of this title, or section 783 of
title 50;
- (2) there is reason to believe that the immediate seizure
of such materials is necessary to prevent the death of, or
serious bodily injury to, a human being;
- (3) there is reason to believe that the giving of notice
pursuant to a subpena duces tecum would result in the
destruction, alteration, or concealment of such materials;
or
- (4) such materials have not been produced in response to a
court order directing compliance with a subpena duces tecum,
and -
- (A) all appellate remedies have been exhausted; or
- (B) there is reason to believe that the delay in an
investigation or trial occasioned by further proceedings
relating to the subpena would threaten the interests of
justice.
- (c) Objections to court ordered subpoenas; affidavits
In the event a search warrant is sought pursuant to paragraph
(4)(B) of subsection (b) of this section, the person possessing
the materials shall be afforded adequate opportunity to submit an
affidavit setting forth the basis for any contention that the
materials sought are not subject to seizure.