Collapse to view only § 2000aa-5. Border and customs searches
- § 2000aa-5. Border and customs searches
- § 2000aa-6. Civil actions by aggrieved persons
- § 2000aa-7. Definitions
§ 2000aa–5. Border and customs searches
This chapter shall not impair or affect the ability of a government officer or employee, pursuant to otherwise applicable law, to conduct searches and seizures at the borders of, or at international points of, entry into the United States in order to enforce the customs laws of the United States.
(Pub. L. 96–440, title I, § 105, Oct. 13, 1980, 94 Stat. 1880.)
§ 2000aa–6. Civil actions by aggrieved persons
(a) Right of action
A person aggrieved by a search for or seizure of materials in violation of this chapter shall have a civil cause of action for damages for such search or seizure—
(1) against the United States, against a State which has waived its sovereign immunity under the Constitution to a claim for damages resulting from a violation of this chapter, or against any other governmental unit, all of which shall be liable for violations of this chapter by their officers or employees while acting within the scope or under color of their office or employment; and
(2) against an officer or employee of a State who has violated this chapter while acting within the scope or under color of his office or employment, if such State has not waived its sovereign immunity as provided in paragraph (1).
(b) Good faith defense
(c) Official immunity
(d) Exclusive nature of remedy
(e) Admissibility of evidence
(f) Damages; costs and attorneys’ fees
(g) Attorney General; claims settlement; regulations
(h) Jurisdiction
(Pub. L. 96–440, title I, § 106, Oct. 13, 1980, 94 Stat. 1880.)
§ 2000aa–7. Definitions
(a) “Documentary materials”, as used in this chapter, means materials upon which information is recorded, and includes, but is not limited to, written or printed materials, photographs, motion picture films, negatives, video tapes, audio tapes, and other mechanically, magentically 1
1 So in original. Probably should be “magnetically”.
or electronically recorded cards, tapes, or discs, but does not include contraband or the fruits of a crime or things otherwise criminally possessed, or property designed or intended for use, or which is or has been used as, the means of committing a criminal offense.(b) “Work product materials”, as used in this chapter, means materials, other than contraband or the fruits of a crime or things otherwise criminally possessed, or property designed or intended for use, or which is or has been used, as the means of committing a criminal offense, and—
(1) in anticipation of communicating such materials to the public, are prepared, produced, authored, or created, whether by the person in possession of the materials or by any other person;
(2) are possessed for the purposes of communicating such materials to the public; and
(3) include mental impressions, conclusions, opinions, or theories of the person who prepared, produced, authored, or created such material.
(c) “Any other governmental unit”, as used in this chapter, includes the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and any local government, unit of local government, or any unit of State government.
(Pub. L. 96–440, title I, § 107, Oct. 13, 1980, 94 Stat. 1881.)