§ 1824. Issuance of order
(a)
Necessary findings
Upon an application made pursuant to section
1823 of this title, the judge shall enter an ex parte order as requested or as modified approving the physical search if the judge finds that—
(2)
on the basis of the facts submitted by the applicant there is probable cause to believe that—
(3)
the proposed minimization procedures meet the definition of minimization contained in this subchapter; and
(4)
the application which has been filed contains all statements and certifications required by section
1823 of this title, and, if the target is a United States person, the certification or certifications are not clearly erroneous on the basis of the statement made under section
1823
(a)(6)(E) of this title and any other information furnished under section
1823
(c) of this title.
(b)
Determination of probable cause
In determining whether or not probable cause exists for purposes of an order under subsection (a)(3) [1] of this section, a judge may consider past activities of the target, as well as facts and circumstances relating to current or future activities of the target.
(c)
Specifications and directions of orders
An order approving a physical search under this section shall—
(1)
specify—
(2)
direct—
(B)
that, upon the request of the applicant, a specified landlord, custodian, or other specified person furnish the applicant forthwith all information, facilities, or assistance necessary to accomplish the physical search in such a manner as will protect its secrecy and produce a minimum of interference with the services that such landlord, custodian, or other person is providing the target of the physical search;
(C)
that such landlord, custodian, or other person maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the search or the aid furnished that such person wishes to retain;
(d)
Duration of order; extensions; assessment of compliance
(1)
An order issued under this section may approve a physical search for the period necessary to achieve its purpose, or for 90 days, whichever is less, except that
(A)
an order under this section shall approve a physical search targeted against a foreign power, as defined in paragraph (1), (2), or (3) of section
1801
(a) of this title, for the period specified in the application or for one year, whichever is less, and
(B)
an order under this section for a physical search targeted against an agent of a foreign power who is not a United States person may be for the period specified in the application or for 120 days, whichever is less.
(2)
Extensions of an order issued under this subchapter may be granted on the same basis as the original order upon an application for an extension and new findings made in the same manner as required for the original order, except that an extension of an order under this chapter for a physical search targeted against a foreign power, as defined in paragraph (5), (6), or (7) of section
1801
(a) of this title, or against a foreign power, as defined in section
1801
(a)(4) of this title, that is not a United States person, or against an agent of a foreign power who is not a United States person, may be for a period not to exceed one year if the judge finds probable cause to believe that no property of any individual United States person will be acquired during the period.
(3)
At or before the end of the period of time for which a physical search is approved by an order or an extension, or at any time after a physical search is carried out, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated.
(e)
Emergency orders
(1)
Notwithstanding any other provision of this subchapter, the Attorney General may authorize the emergency employment of a physical search if the Attorney General—
(A)
reasonably determines that an emergency situation exists with respect to the employment of a physical search to obtain foreign intelligence information before an order authorizing such physical search can with due diligence be obtained;
(B)
reasonably determines that the factual basis for issuance of an order under this subchapter to approve such physical search exists;
(2)
If the Attorney General authorizes the emergency employment of a physical search under paragraph (1), the Attorney General shall require that the minimization procedures required by this subchapter for the issuance of a judicial order be followed.
(3)
In the absence of a judicial order approving such physical search, the physical search shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time of authorization by the Attorney General, whichever is earliest.
(4)
A denial of the application made under this subsection may be reviewed as provided in section
1803 of this title.
(5)
In the event that such application for approval is denied, or in any other case where the physical search is terminated and no order is issued approving the physical search, no information obtained or evidence derived from such physical search shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such physical search shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.
(f)
Retention of applications and orders
Applications made and orders granted under this subchapter shall be retained for a period of at least 10 years from the date of the application.
[1] See References in Text note below.