§ 1806.
Use of information
(a)
Compliance with minimization procedures; privileged communications; lawful purposes
(b)
Statement for disclosure
(c)
Notification by United States
(d)
Notification by States or political subdivisions
(e)
Motion to suppress
Any person against whom evidence obtained or derived from an electronic surveillance 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 electronic surveillance on the grounds that—
(1)
the information was unlawfully acquired; or
(2)
the surveillance was not made in conformity with an order of authorization or approval.
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.
(f)
In camera and ex parte review by district court
(g)
Suppression of evidence; denial of motion
(i)
Destruction of unintentionally acquired information
(j)
Notification of emergency employment of electronic surveillance; contents; postponement, suspension or elimination
If an emergency employment of electronic surveillance is authorized under subsection (e) or (f) of
section 1805 of this title and a subsequent order approving the surveillance 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 electronic surveillance as the judge may determine in his discretion it is in the interest of justice to serve, notice of—
(1)
the fact of the application;
(2)
the period of the surveillance; and
(3)
the fact that during the period information was or was not obtained.
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 ninety 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 electronic surveillance 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, international terrorism, or the international proliferation of weapons of mass destruction 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 1804(a)(7)(B)
1
See References in Text note below.
of this title or the entry of an order under
section 1805 of this title.
([Pub. L. 95–511, title I, § 106], Oct. 25, 1978, [92 Stat. 1793]; [Pub. L. 107–56, title V, § 504(a)], Oct. 26, 2001, [115 Stat. 364]; [Pub. L. 107–296, title VIII, § 898], Nov. 25, 2002, [116 Stat. 2258]; [Pub. L. 110–261, title I], §§ 106, 110(b)(1), July 10, 2008, [122 Stat. 2462], 2466; [Pub. L. 114–23, title VII, § 701(b)], June 2, 2015, [129 Stat. 299]; [Pub. L. 117–347, title III, § 323(a)(1)(A)], Jan. 5, 2023, [136 Stat. 6206].)