Search warrants directed at seizure of any work product materials or other documentary materials possessed by a person reasonably believed to have a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication are governed by Title I of the Privacy Act of 1980 ("PPA"), 42 U.S.C. §§ 2000aa, et seq.

The PPA prohibits the use of search warrants to obtain any work product materials or other documentary materials possessed by a person reasonably believed to have a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication, except under the following limited circumstances: (1) when there is probable cause to believe that the person possessing the materials has committed a criminal act to which the materials relate, unless the alleged offense is the receipt, possession, communication, or withholding of the materials or the information contained within, in which case a search warrant may not be sought unless the alleged offense involves classified materials or child pornography; or (2) when 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.

If the pertinent documents do not involve work product materials, the Government may also seek a search warrant under the following additional circumstances: (1) when there is reason to believe that giving notice pursuant to a subpoena duces tecum would result in the destruction, alteration, or concealment of such materials; or (2) when the materials have not been produced in response to a court order directing compliance with a subpoena and either all appellate remedies have been exhausted or there is reason to believe that the delay caused by further proceedings relating to the subpoena would threaten the interests of justice. Considerations pertinent to the determination as to whether giving advance notice of the Government's interest in obtaining the materials would be likely to result in the destruction, alteration, concealment, or transfer of the materials may be found at 28 C.F.R. § 59.4(c).

The PPA provides that violations of the Act may result in the imposition of civil penalties against the Government. Government attorneys should be particularly aware of the potential for triggering the protections of the PPA in executing computer searches, since computers that may contain non-protected evidence of a crime, such as child pornography, often also contain legitimate, PPA-protected materials, such as draft newsletters on topics of public interest.

All applications for warrants issued under the PPA must be authorized by a Deputy Assistant Attorney General of the Criminal Division. Questions and requests for approval regarding computer-related search warrants should be directed to the Computer Crime and Intellectual Property Section (CCIPS) of the Criminal Division. Whenever proposed computer-related searches involve the traditional media, CCIPS will coordinate its review with the Policy and Statutory Enforcement Unit, of the Criminal Division's Office of Enforcement Operations. Questions and requests for approval regarding all non-computer media-related searches should be directed to the PSEU at (202) 305-4023.

[updated January 2020] [cited in JM 9-19.200]