§ 3406. — Search warrants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC3406]
TITLE 12--BANKS AND BANKING
CHAPTER 35--RIGHT TO FINANCIAL PRIVACY
Sec. 3406. Search warrants
(a) Applicability of Federal Rules of Criminal Procedure
A Government authority may obtain financial records under section
3402(3) of this title only if it obtains a search warrant pursuant to
the Federal Rules of Criminal Procedure.
(b) Mailing of copy and notice to customer
No later than ninety days after the Government authority serves the
search warrant, it shall mail to the customer's last known address a
copy of the search warrant together with the following notice:
``Records or information concerning your transactions held by the
financial institution named in the attached search warrant were obtained
by this (agency or department) on (date) for the following purpose:
. You may have rights under the Right to Financial Privacy Act of 1978
[12 U.S.C. 3401 et seq.].''.
(c) Court-ordered delays in mailing
Upon application of the Government authority, a court may grant a
delay in the mailing of the notice required in subsection (b) of this
section, which delay shall not exceed one hundred and eighty days
following the service of the warrant, if the court makes the findings
required in section 3409(a) of this title. If the court so finds, it
shall enter an ex parte order granting the requested delay and an order
prohibiting the financial institution from disclosing that records have
been obtained or that a search warrant for such records has been
executed. Additional delays of up to ninety days may be granted by the
court upon application, but only in accordance with this subsection.
Upon expiration of the period of delay of notification of the customer,
the following notice shall be mailed to the customer along with a copy
of the search warrant:
``Records or information concerning your transactions held by the
financial institution named in the attached search warrant were obtained
by this (agency or department) on (date). Notification was delayed
beyond the statutory ninety-day delay period pursuant to a determination
by the court that such notice would seriously jeopardize an
investigation concerning . You may have rights under the Right
to Financial Privacy Act of 1978 [12 U.S.C. 3401 et seq.].''.
(Pub. L. 95-630, title XI, Sec. 1106, Nov. 10, 1978, 92 Stat. 3700.)
References in Text
The Federal Rules of Criminal Procedure, referred to in subsec. (a),
are set out in the Appendix to Title 18, Crimes and Criminal Procedure.
The Right to Financial Privacy Act of 1978, referred to in subsecs.
(b) and (c), is title XI of Pub. L. 95-630, Nov. 10, 1978, 92 Stat.
3697, which is classified generally to this chapter (Sec. 3401 et seq.).
For complete classification of this Act to the Code, see Short Title
note set out under section 3401 of this title and Tables.
Section Referred to in Other Sections
This section is referred to in sections 3402, 3409 of this title.
