§ 2518. — Procedure for interception of wire, oral, or electronic communications.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2518]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS
Sec. 2518. Procedure for interception of wire, oral, or
electronic communications
(1) Each application for an order authorizing or approving the
interception of a wire, oral, or electronic communication under this
chapter shall be made in writing upon oath or affirmation to a judge of
competent jurisdiction and shall state the applicant's authority to make
such application. Each application shall include the following
information:
(a) the identity of the investigative or law enforcement officer
making the application, and the officer authorizing the application;
(b) a full and complete statement of the facts and circumstances
relied upon by the applicant, to justify his belief that an order
should be issued, including (i) details as to the particular offense
that has been, is being, or is about to be committed, (ii) except as
provided in subsection (11), a particular description of the nature
and location of the facilities from which or the place where the
communication is to be intercepted, (iii) a particular description
of the type of communications sought to be intercepted, (iv) the
identity of the person, if known, committing the offense and whose
communications are to be intercepted;
(c) a full and complete statement as to whether or not other
investigative procedures have been tried and failed or why they
reasonably appear to be unlikely to succeed if tried or to be too
dangerous;
(d) a statement of the period of time for which the interception
is required to be maintained. If the nature of the investigation is
such that the authorization for interception should not
automatically terminate when the described type of communication has
been first obtained, a particular description of facts establishing
probable cause to believe that additional communications of the same
type will occur thereafter;
(e) a full and complete statement of the facts concerning all
previous applications known to the individual authorizing and making
the application, made to any judge for authorization to intercept,
or for approval of interceptions of, wire, oral, or electronic
communications involving any of the same persons, facilities or
places specified in the application, and the action taken by the
judge on each such application; and
(f) where the application is for the extension of an order, a
statement setting forth the results thus far obtained from the
interception, or a reasonable explanation of the failure to obtain
such results.
(2) The judge may require the applicant to furnish additional
testimony or documentary evidence in support of the application.
(3) Upon such application the judge may enter an ex parte order, as
requested or as modified, authorizing or approving interception of wire,
oral, or electronic communications within the territorial jurisdiction
of the court in which the judge is sitting (and outside that
jurisdiction but within the United States in the case of a mobile
interception device authorized by a Federal court within such
jurisdiction), if the judge determines on the basis of the facts
submitted by the applicant that--
(a) there is probable cause for belief that an individual is
committing, has committed, or is about to commit a particular
offense enumerated in section 2516 of this chapter;
(b) there is probable cause for belief that particular
communications concerning that offense will be obtained through such
interception;
(c) normal investigative procedures have been tried and have
failed or reasonably appear to be unlikely to succeed if tried or to
be too dangerous;
(d) except as provided in subsection (11), there is probable
cause for belief that the facilities from which, or the place where,
the wire, oral, or electronic communications are to be intercepted
are being used, or are about to be used, in connection with the
commission of such offense, or are leased to, listed in the name of,
or commonly used by such person.
(4) Each order authorizing or approving the interception of any
wire, oral, or electronic communication under this chapter shall
specify--
(a) the identity of the person, if known, whose communications
are to be intercepted;
(b) the nature and location of the communications facilities as
to which, or the place where, authority to intercept is granted;
(c) a particular description of the type of communication sought
to be intercepted, and a statement of the particular offense to
which it relates;
(d) the identity of the agency authorized to intercept the
communications, and of the person authorizing the application; and
(e) the period of time during which such interception is
authorized, including a statement as to whether or not the
interception shall automatically terminate when the described
communication has been first obtained.
An order authorizing the interception of a wire, oral, or electronic
communication under this chapter shall, upon request of the applicant,
direct that a provider of wire or electronic communication service,
landlord, custodian or other person shall furnish the applicant
forthwith all information, facilities, and technical assistance
necessary to accomplish the interception unobtrusively and with a
minimum of interference with the services that such service provider,
landlord, custodian, or person is according the person whose
communications are to be intercepted. Any provider of wire or electronic
communication service, landlord, custodian or other person furnishing
such facilities or technical assistance shall be compensated therefor by
the applicant for reasonable expenses incurred in providing such
facilities or assistance. Pursuant to section 2522 of this chapter, an
order may also be issued to enforce the assistance capability and
capacity requirements under the Communications Assistance for Law
Enforcement Act.
(5) No order entered under this section may authorize or approve the
interception of any wire, oral, or electronic communication for any
period longer than is necessary to achieve the objective of the
authorization, nor in any event longer than thirty days. Such thirty-day
period begins on the earlier of the day on which the investigative or
law enforcement officer first begins to conduct an interception under
the order or ten days after the order is entered. Extensions of an order
may be granted, but only upon application for an extension made in
accordance with subsection (1) of this section and the court making the
findings required by subsection (3) of this section. The period of
extension shall be no longer than the authorizing judge deems necessary
to achieve the purposes for which it was granted and in no event for
longer than thirty days. Every order and extension thereof shall contain
a provision that the authorization to intercept shall be executed as
soon as practicable, shall be conducted in such a way as to minimize the
interception of communications not otherwise subject to interception
under this chapter, and must terminate upon attainment of the authorized
objective, or in any event in thirty days. In the event the intercepted
communication is in a code or foreign language, and an expert in that
foreign language or code is not reasonably available during the
interception period, minimization may be accomplished as soon as
practicable after such interception. An interception under this chapter
may be conducted in whole or in part by Government personnel, or by an
individual operating under a contract with the Government, acting under
the supervision of an investigative or law enforcement officer
authorized to conduct the interception.
(6) Whenever an order authorizing interception is entered pursuant
to this chapter, the order may require reports to be made to the judge
who issued the order showing what progress has been made toward
achievement of the authorized objective and the need for continued
interception. Such reports shall be made at such intervals as the judge
may require.
(7) Notwithstanding any other provision of this chapter, any
investigative or law enforcement officer, specially designated by the
Attorney General, the Deputy Attorney General, the Associate Attorney
General, or by the principal prosecuting attorney of any State or
subdivision thereof acting pursuant to a statute of that State, who
reasonably determines that--
(a) an emergency situation exists that involves--
(i) immediate danger of death or serious physical injury to
any person,
(ii) conspiratorial activities threatening the national
security interest, or
(iii) conspiratorial activities characteristic of organized
crime,
that requires a wire, oral, or electronic communication to be
intercepted before an order authorizing such interception can, with
due diligence, be obtained, and
(b) there are grounds upon which an order could be entered under
this chapter to authorize such interception,
may intercept such wire, oral, or electronic communication if an
application for an order approving the interception is made in
accordance with this section within forty-eight hours after the
interception has occurred, or begins to occur. In the absence of an
order, such interception shall immediately terminate when the
communication sought is obtained or when the application for the order
is denied, whichever is earlier. In the event such application for
approval is denied, or in any other case where the interception is
terminated without an order having been issued, the contents of any
wire, oral, or electronic communication intercepted shall be treated as
having been obtained in violation of this chapter, and an inventory
shall be served as provided for in subsection (d) of this section on the
person named in the application.
(8)(a) The contents of any wire, oral, or electronic communication
intercepted by any means authorized by this chapter shall, if possible,
be recorded on tape or wire or other comparable device. The recording of
the contents of any wire, oral, or electronic communication under this
subsection shall be done in such a way as will protect the recording
from editing or other alterations. Immediately upon the expiration of
the period of the order, or extensions thereof, such recordings shall be
made available to the judge issuing such order and sealed under his
directions. Custody of the recordings shall be wherever the judge
orders. They shall not be destroyed except upon an order of the issuing
or denying judge and in any event shall be kept for ten years. Duplicate
recordings may be made for use or disclosure pursuant to the provisions
of subsections (1) and (2) of section 2517 of this chapter for
investigations. The presence of the seal provided for by this
subsection, or a satisfactory explanation for the absence thereof, shall
be a prerequisite for the use or disclosure of the contents of any wire,
oral, or electronic communication or evidence derived therefrom under
subsection (3) of section 2517.
(b) Applications made and orders granted under this chapter shall be
sealed by the judge. Custody of the applications and orders shall be
wherever the judge directs. Such applications and orders shall be
disclosed only upon a showing of good cause before a judge of competent
jurisdiction and shall not be destroyed except on order of the issuing
or denying judge, and in any event shall be kept for ten years.
(c) Any violation of the provisions of this subsection may be
punished as contempt of the issuing or denying judge.
(d) Within a reasonable time but not later than ninety days after
the filing of an application for an order of approval under section
2518(7)(b) which is denied or the termination of the period of an order
or extensions thereof, the issuing or denying judge shall cause to be
served, on the persons named in the order or the application, and such
other parties to intercepted communications as the judge may determine
in his discretion that is in the interest of justice, an inventory which
shall include notice of--
(1) the fact of the entry of the order or the application;
(2) the date of the entry and the period of authorized, approved
or disapproved interception, or the denial of the application; and
(3) the fact that during the period wire, oral, or electronic
communications were or were not intercepted.
The judge, upon the filing of a motion, may in his discretion make
available to such person or his counsel for inspection such portions of
the intercepted communications, applications and orders as the judge
determines to be in the interest of justice. On an ex parte showing of
good cause to a judge of competent jurisdiction the serving of the
inventory required by this subsection may be postponed.
(9) The contents of any wire, oral, or electronic communication
intercepted pursuant to this chapter or evidence derived therefrom shall
not be received in evidence or otherwise disclosed in any trial,
hearing, or other proceeding in a Federal or State court unless each
party, not less than ten days before the trial, hearing, or proceeding,
has been furnished with a copy of the court order, and accompanying
application, under which the interception was authorized or approved.
This ten-day period may be waived by the judge if he finds that it was
not possible to furnish the party with the above information ten days
before the trial, hearing, or proceeding and that the party will not be
prejudiced by the delay in receiving such information.
(10)(a) Any aggrieved person in any trial, hearing, or 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 contents of any wire or
oral communication intercepted pursuant to this chapter, or evidence
derived therefrom, on the grounds that--
(i) the communication was unlawfully intercepted;
(ii) the order of authorization or approval under which it was
intercepted is insufficient on its face; or
(iii) the interception was not made in conformity with the order
of authorization or approval.
Such motion shall be made before the trial, hearing, or proceeding
unless there was no opportunity to make such motion or the person was
not aware of the grounds of the motion. If the motion is granted, the
contents of the intercepted wire or oral communication, or evidence
derived therefrom, shall be treated as having been obtained in violation
of this chapter. The judge, upon the filing of such motion by the
aggrieved person, may in his discretion make available to the aggrieved
person or his counsel for inspection such portions of the intercepted
communication or evidence derived therefrom as the judge determines to
be in the interests of justice.
(b) In addition to any other right to appeal, the United States
shall have the right to appeal from an order granting a motion to
suppress made under paragraph (a) of this subsection, or the denial of
an application for an order of approval, if the United States attorney
shall certify to the judge or other official granting such motion or
denying such application that the appeal is not taken for purposes of
delay. Such appeal shall be taken within thirty days after the date the
order was entered and shall be diligently prosecuted.
(c) The remedies and sanctions described in this chapter with
respect to the interception of electronic communications are the only
judicial remedies and sanctions for nonconstitutional violations of this
chapter involving such communications.
(11) The requirements of subsections (1)(b)(ii) and (3)(d) of this
section relating to the specification of the facilities from which, or
the place where, the communication is to be intercepted do not apply
if--
(a) in the case of an application with respect to the
interception of an oral communication--
(i) the application is by a Federal investigative or law
enforcement officer and is approved by the Attorney General, the
Deputy Attorney General, the Associate Attorney General, an
Assistant Attorney General, or an acting Assistant Attorney
General;
(ii) the application contains a full and complete statement
as to why such specification is not practical and identifies the
person committing the offense and whose communications are to be
intercepted; and
(iii) the judge finds that such specification is not
practical; and
(b) in the case of an application with respect to a wire or
electronic communication--
(i) the application is by a Federal investigative or law
enforcement officer and is approved by the Attorney General, the
Deputy Attorney General, the Associate Attorney General, an
Assistant Attorney General, or an acting Assistant Attorney
General;
(ii) the application identifies the person believed to be
committing the offense and whose communications are to be
intercepted and the applicant makes a showing that there is
probable cause to believe that the person's actions could have
the effect of thwarting interception from a specified facility;
(iii) the judge finds that such showing has been adequately
made; and
(iv) the order authorizing or approving the interception is
limited to interception only for such time as it is reasonable
to presume that the person identified in the application is or
was reasonably proximate to the instrument through which such
communication will be or was transmitted.
(12) An interception of a communication under an order with respect
to which the requirements of subsections (1)(b)(ii) and (3)(d) of this
section do not apply by reason of subsection (11)(a) shall not begin
until the place where the communication is to be intercepted is
ascertained by the person implementing the interception order. A
provider of wire or electronic communications service that has received
an order as provided for in subsection (11)(b) may move the court to
modify or quash the order on the ground that its assistance with respect
to the interception cannot be performed in a timely or reasonable
fashion. The court, upon notice to the government, shall decide such a
motion expeditiously.
(Added Pub. L. 90-351, title III, Sec. 802, June 19, 1968, 82 Stat. 218;
amended Pub. L. 91-358, title II, Sec. 211(b), July 29, 1970, 84 Stat.
654; Pub. L. 95-511, title II, Sec. 201(d)-(g), Oct. 25, 1978, 92 Stat.
1797, 1798; Pub. L. 98-473, title II, Sec. 1203(a), (b), Oct. 12, 1984,
98 Stat. 2152; Pub. L. 99-508, title I, Secs. 101(c)(1)(A), (8), (e),
106(a)-(d)(3), Oct. 21, 1986, 100 Stat. 1851-1853, 1856, 1857; Pub. L.
103-414, title II, Sec. 201(b)(1), Oct. 25, 1994, 108 Stat. 4290; Pub.
L. 105-272, title VI, Sec. 604, Oct. 20, 1998, 112 Stat. 2413.)
References in Text
The Communications Assistance for Law Enforcement Act, referred to
in par. (4), is title I of Pub. L. 103-414, Oct. 25, 1994, 108 Stat.
4279, which is classified generally to subchapter I (Sec. 1001 et seq.)
of chapter 9 of Title 47, Telegraphs, Telephones, and Radiotelegraphs.
For complete classification of this Act to the Code, see Short Title
note set out under section 1001 of Title 47 and Tables.
Amendments
1998--Par. (11)(b)(ii). Pub. L. 105-272, Sec. 604(a)(1), substituted
``that there is probable cause to believe that the person's actions
could have the effect of thwarting interception from a specified
facility;'' for ``of a purpose, on the part of that person, to thwart
interception by changing facilities; and''.
Par. (11)(b)(iii). Pub. L. 105-272, Sec. 604(a)(2), substituted
``such showing has been adequately made; and'' for ``such purpose has
been adequately shown.''
Par. (11)(b)(iv). Pub. L. 105-272, Sec. 604(a)(3), added cl. (iv).
Par. (12). Pub. L. 105-272, Sec. 604(b), substituted ``by reason of
subsection (11)(a)'' for ``by reason of subsection (11)'', struck out
``the facilities from which, or'' after ``shall not begin until'', and
struck out comma after ``the place where''.
1994--Par. (4). Pub. L. 103-414 inserted at end of concluding
provisions ``Pursuant to section 2522 of this chapter, an order may also
be issued to enforce the assistance capability and capacity requirements
under the Communications Assistance for Law Enforcement Act.''
1986--Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ``wire, oral,
or electronic'' for ``wire or oral'' in section catchline.
Par. (1). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ``wire,
oral, or electronic'' for ``wire or oral'' in introductory provisions.
Par. (1)(b)(ii). Pub. L. 99-508, Sec. 106(d)(1), inserted ``except
as provided in subsection (11),''.
Par. (1)(e). Pub. L. 99-508, Sec. 101(c)(1)(A), substituted ``wire,
oral, or electronic'' for ``wire or oral''.
Par. (3). Pub. L. 99-508, Secs. 101(c)(1)(A), 106(a), in
introductory provisions, substituted ``wire, oral, or electronic'' for
``wire or oral'' and inserted ``(and outside that jurisdiction but
within the United States in the case of a mobile interception device
authorized by a Federal court within such jurisdiction)''.
Par. (3)(d). Pub. L. 99-508, Secs. 101(c)(1)(A), 106(d)(2), inserted
``except as provided in subsection (11),'' and substituted ``wire, oral,
or electronic'' for ``wire or oral''.
Par. (4). Pub. L. 99-508, Secs. 101(c)(1)(A), (8), 106(b),
substituted ``wire, oral, or electronic'' for ``wire or oral'' wherever
appearing and, in closing provisions, substituted ``provider of wire or
electronic communication service'' for ``communication common carrier''
wherever appearing, ``such service provider'' for ``such carrier'', and
``for reasonable expenses incurred in providing such facilities or
assistance'' for ``at the prevailing rates''.
Par. (5). Pub. L. 99-508, Secs. 101(c)(1)(A), 106(c), substituted
``wire, oral, or electronic'' for ``wire or oral'' and inserted
provisions which related to beginning of thirty-day period, minimization
where intercepted communication is in code or foreign language and
expert in that code or foreign language is not immediately available,
and conduct of interception by Government personnel or by individual
operating under Government contract, acting under supervision of
investigative or law enforcement officer authorized to conduct
interception.
Pars. (7), (8)(a), (d)(3), (9). Pub. L. 99-508, Sec. 101(c)(1)(A),
substituted ``wire, oral, or electronic'' for ``wire or oral'' wherever
appearing.
Par. (10)(c). Pub. L. 99-508, Sec. 101(e), added subpar. (c).
Pars. (11), (12). Pub. L. 99-508, Sec. 106(d)(3), added pars. (11)
and (12).
1984--Par. (7). Pub. L. 98-473, Sec. 1203(a), inserted ``, the
Deputy Attorney General, the Associate Attorney General,'' after
``Attorney General'' in provisions preceding subpar. (a).
Par. (7)(a). Pub. L. 98-473, Sec. 1203(b), amended subpar. (a)
generally, adding cl. (i) and designated existing provisions as cls.
(ii) and (iii).
1978--Par. (1). Pub. L. 95-511, Sec. 201(d), inserted ``under this
chapter'' after ``communication''.
Par. (4). Pub. L. 95-511, Sec. 201(e), inserted ``under this
chapter'' after ``wire or oral communication'' wherever appearing.
Par. (9). Pub. L. 95-511, Sec. 201(e), substituted ``any wire or
oral communication intercepted pursuant to this chapter'' for ``any
intercepted wire or oral communication''.
Par. (10). Pub. L. 95-511, Sec. 201(g), substituted ``any wire or
oral communication intercepted pursuant to this chapter,'' for ``any
intercepted wire or oral communication,''.
1970--Par. (4). Pub. L. 91-358 inserted the provision that, upon the
request of the applicant, an order authorizing the interception of a
wire or oral communication direct that a communication common carrier,
landlord, custodian, or other person furnish the applicant with all
information, facilities, and technical assistance necessary to
accomplish the interception unobtrusively and with a minimum of
interference with the services provided.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99-508 effective 90 days after Oct. 21, 1986,
and, in case of conduct pursuant to court order or extension, applicable
only with respect to court orders and extensions made after such date,
with special rule for State authorizations of interceptions, see section
111 of Pub. L. 99-508, set out as a note under section 2510 of this
title.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-511 effective Oct. 25, 1978, except as
specifically provided, see section 401 of Pub. L. 95-511, set out as an
Effective Date note under section 1801 of Title 50, War and National
Defense.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-358 effective on first day of seventh
calendar month which begins after July 29, 1970, see section 901(a) of
Pub. L. 91-358.
Section Referred to in Other Sections
This section is referred to in sections 2511, 2516, 2519, 2520,
2701, 2707 of this title; title 47 section 1002.
