Third Party Privacy Act of 1979

Summary

Third Party Privacy Act of 1979 - Prohibits the issuance of a warrant to search for and seize any matter in the possession or control of a third party (defined as a person whom there is no probable cause to believe has committed the crime to which the matter sought relates). Prohibits the issuance of an order compelling a third party to produce matter unless the court or magistrate determines at an adversary hearing that such order is authorized and not precluded by privilege or other legal grounds. Allows the ex parte issuance of a search warrant or compelling order where the applicant shows probable cause to believe that the matter: (1) will be destroyed, altered, or put beyond the jurisdiction of the court; or (2) is contraband. Makes each unit of Federal, State, or local government jointly and severally liable with any person clothed with authority under such unit to a person deprived of rights under this Act, notwithstanding a personal immunity defense.

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1 official file

• Introduced in Senate

  summary · EN · 23 January 1979

  Open at official source

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