Page:United States Statutes at Large Volume 84 Part 1.djvu/674

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PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

" (3) If the search is of a place, vehicle, or object, a copy of the warrant and of the return shall be given to the owner thereof if he is present, or if he is not, to an occupant, custodian, or other person present; or if no person is present, the officer shall post a copy of the warrant and of the return upon the premises, vehicle, or object searched. " (d) A copy of the warrant shall be filed with the court whose judge or magistrate authorized its issuance on the next court day after its execution, together with a copy of the return. "(e) An officer or agent executing a search warrant may seize any property discovered in the course of the lawful execution of such warrant if he has probable cause to believe that such property is subject to seizure under section 23-521 (d), even if the property is not enumerated in the warrant or the application therefor, and no additional warrant shall be required to authorize such seizure, if the property is fully set forth in the return. Such seizure may include taking physical or other impressions or performing chemical, scientific, or other tests or experiments. " (r) An officer or agent executing a search warrant may take photographs and measurements during the execution. " (g) An officer executing a warrant directing a search of premises or a vehicle may search any person therein (1) to the extent reasonably necessary to protect himself or others from the use of any weapon which may be concealed upon the person, or (2) to the extent reasonably necessary to find property enumerated in the warrant which may be concealed upon the person. "§23-525. Disposition of property "An officer or agent who seizes property in the execution of a search warrant shall cause it to be safely kept for use as evidence. No property seized shall be released or destroyed except in accordance with law and upon order of a court or of the United States attorney or Corporation Counsel for the District of Columbia or one of their assistants. " SUBCHAPTER III — W I R E I N T E R C E P T I O N AND I N T E R C E P T I O N O FOR A L COMMUNICATIONS "§23-541. Definitions "As used in this subchapter— "(1) the term 'wire communication' means any communication made in whole or in part through the use of facilities for the trans»^iission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception furnished or operated by any person engaged as a common carrier in providing or operating such facilities; "(2) the term 'oral communication' means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation; " (3) the term 'intercept' means the aural acquisition of the contents of any wire or oral communication through the use of any intercepting device; "(4) the term 'intercepting device' means any electronic, mechanical, or other device or apparatus which can be used to intercept a wire or oral communication other than— "(A^ any telephone or telegraph instrument, equipment, or facility, or any component thereof, (i) furnished to the subscriber or user by a communications common carrier in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business; or (ii)

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