§ 3504. — Litigation concerning sources of evidence.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3504]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 223--WITNESSES AND EVIDENCE
Sec. 3504. Litigation concerning sources of evidence
(a) In any trial, hearing, or other proceeding in or before any
court, grand jury, department, officer, agency, regulatory body, or
other authority of the United States--
(1) upon a claim by a party aggrieved that evidence is
inadmissible because it is the primary product of an unlawful act or
because it was obtained by the exploitation of an unlawful act, the
opponent of the claim shall affirm or deny the occurrence of the
alleged unlawful act;
(2) disclosure of information for a determination if evidence is
inadmissible because it is the primary product of an unlawful act
occurring prior to June 19, 1968, or because it was obtained by the
exploitation of an unlawful act occurring prior to June 19, 1968,
shall not be required unless such information may be relevant to a
pending claim of such inadmissibility; and
(3) no claim shall be considered that evidence of an event is
inadmissible on the ground that such evidence was obtained by the
exploitation of an unlawful act occurring prior to June 19, 1968, if
such event occurred more than five years after such allegedly
unlawful act.
(b) As used in this section ``unlawful act'' means any act the use
of any electronic, mechanical, or other device (as defined in section
2510(5) of this title) in violation of the Constitution or laws of the
United States or any regulation or standard promulgated pursuant
thereto.
(Added Pub. L. 91-452, title VII, Sec. 702(a), Oct. 15, 1970, 84 Stat.
935.)
Congressional Statement of Findings
Section 701 of title VII of Pub. L. 91-452 provided that: ``The
Congress finds that claims that evidence offered in proceedings was
obtained by the exploitation of unlawful acts, and is therefore
inadmissible in evidence, (1) often cannot reliably be determined when
such claims concern evidence of events occurring years after the
allegedly unlawful act, and (2) when the allegedly unlawful act has
occurred more than five years prior to the event in question, there is
virtually no likelihood that the evidence offered to prove the event has
been obtained by the exploitation of that allegedly unlawful act.''
Applicability to Proceedings
Section 703 of title VII of Pub. L. 91-452 provided that: ``This
title [enacting this section and provisions set as notes under this
section] shall apply to all proceedings, regardless of when commenced,
occurring after the date of its enactment [Oct. 15, 1970]. Paragraph (3)
of subsection (a) of section 3504, chapter 223, title 18, United States
Code, shall not apply to any proceeding in which all information to be
relied upon to establish inadmissibility was possessed by the party
making such claim and adduced in such proceeding prior to such
enactment.''
Section Referred to in Other Sections
This section is referred to in title 8 section 1534.
