Page:United States Statutes at Large Volume 94 Part 2.djvu/602

 94 STAT. 1880

Affidavit.

PUBLIC LAW 96-440—OCT. 18, 1980

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 ma^ 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, United States Code, or section 224, 225, or 227 of the Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275, 2277), or section 4 of the Subversive Activities Control Act of 1950 (50 U.S.C.783)); (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, £dteration, 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) In the event a search warrant is sought pursuant to paragraph (4)(B) of subsection (b), 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. PART B—REMEDIES, EXCEPTIONS, AND DEFINITIONS

Customs laws.

42 USC

2000aa-5.

Damages, civil actions. 42 USC 2000aa-6.

SEC. 105. This Act shall not impair or affect the ability of a government officer or employee, pursuant to otherwise applicable law, to conduct searches and seizures at the borders of, or at international points of, entry into the United States in order to enforce the customs laws of the United States. SEC. 106. (a) A person aggrieved by a search for or seizure of materials in violation of this Act shall nave a civil cause of action for damages for such search or seizure— (1) against the United States, against a State which has waived its sovereign immunity under the Constitution to a claim for damages resulting from a violation of this Act, or against any other governmental unit, all of which shall be liable for violations of this Act by their officers or employees while acting within the scope or under color of their office or employment; and (2) against an officer or employee of a State who has violated this Act while acting within the scope or under color of his office or emplo3ment, if such State has not waived its sovereign Immunity as provided in paragraph (1).

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