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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 ee ekEEEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 5-11.2 |Moved to 5-12.2| kKEEEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 5-11.3 |Moved to 5-12.3| x*EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: |5-12| FIRST AMENDMENT PRIVACY PROTECTION | (Formerly 5-11) | *kEEEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: |5-12.1| Limitations on Search Authority | (Formerly 5-11.1) | The Privacy Protection Act of 1980 restricts the authority of FBI Agents to search for and seize evidence in possession of the written and electronic news media. In addition, because of its broad language, the statute affords protection not only to the institutional press (newspapers, magazines, radio, and television), but to others, such as academicians, authors, film makers, and photographers. Specifically, the law makes it unlawful for Agents investigating a criminal offense to search for or seize work product or documentary materials possessed by a person in connection with, or with a purpose of, disseminating a public communication in or affecting interstate or foreign commerce. The clear intent of Congress is to require the government generally to proceed by subpoena to obtain such materials. (1) Work product materials are those prepared, created, or possessed by a person reasonably believed to have a purpose to disseminate such materials to the public through newspapers, broadcasts, or other public communications. They include opinions, theories, conclusions, and mental impressions. Examples are research notes, drafts, or scripts prepared or possessed by a news reporter or broadcaster with intent to disseminate. (2) Documentary materials are those upon which information is recorded, possessed by a person in connection with a purpose to publish through a newspaper, book, broadcast, or similar form of public communication. Examples are printed materials, videotapes, motion picture films, photo negatives, and magnetically or electronically recorded cards, tapes, or discs. *x*EEEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: |5-12.2| Exceptions | (Formerly 5-11.2)| | S eee Printed: 05/05/2004 13:08:54 Page 29