1

Report of the Director of the Administrative Office 

of the United States Courts 

on Applications for Delayed-Notice Search Warrants and Extensions

The USA Patriot Improvement and Reauthorization Act of 2005 requires the Director of the

Administrative Office of the United States Courts (AO) to transmit to Congress annually a full

and complete report summarizing information reported by judges to the AO on delayed-notice

search warrants. The report is to include the number of applications for warrants and extensions

of warrants authorizing delayed notice, and the number of such warrants and extensions granted

or denied during the preceding fiscal year. The requirement to report this information to

Congress begins with the fiscal year ended September 30, 2007. 

This report covers applications for delayed-notice search warrants and extensions between

October 1, 2006 and September 30, 2007. It also includes a summary of applications for

delayed-notice search warrants and extensions between March 9, 2006, the date the USA Patriot

Improvement and Reauthorization Act was enacted, and September 30, 2006.

Reporting Requirements of the Statute

Any federal or state judge who issues or denies a federal warrant authorizing delayed notice, or

an extension of such a warrant, is required to file a report with the AO on the warrant. (18

U.S.C. § 3103a(d)(1).) This report is to be furnished not later than 30 days after the expiration of

the warrant’s notice period (including any extensions to the notice period) or 30 days after the

denial of the warrant or the request for extension. The report must include the offense specified

in the warrant or application, the period of delay authorized, the number and duration of any

extensions, and the action taken on the application. 

The AO is required to report annually to Congress on the information submitted by judges for

the preceding fiscal year. This report must include the number of applications for delayed-notice

search warrants and extensions, and the number of warrants and extensions granted or denied. 

(18 U.S.C. § 3103a(d)(2).) 

Summary and Analysis of Reports for Fiscal Year 2007

Summary data on applications for delayed notice search warrants and extensions for fiscal year

2007 are shown in Table 1. A total of 419 warrant requests and 271 requests for extensions were

reported for the fiscal year ended September 30, 2007. None of the applications reported were

denied; 19 of the applications were granted as modified.

Judges in 48 federal judicial districts reported actions on applications for delayed-notice search

warrants or extensions. The greatest numbers of applications were reported by judges in the

District of Hawaii, the Southern District of Texas, the Eastern District of Wisconsin, the

Southern District of California, and the Middle District of Pennsylvania; applications in these

five districts accounted for over half of all applications reported. Of the 690 applications
2

reported, 632 (92 percent) were reported by federal magistrate judges and 58 were reported by

federal district judges. No applications were reported by state judges.

The periods of delay specified ranged from 5 days to 365 days. (See Graph 1.) The most

frequently reported period of delay was 90 days, specified in 326 (47 percent) of the

applications. Extensions to the period of delay numbered from one to 18, with two being the

most frequently reported number of extensions. (See Graph 2.) 

Offenses

Table 2 presents the types of offenses specified in delayed-notice search warrant and extension

requests reported in 2007. Drug offenses were specified in 69 percent of applications reported,

followed by tax (10 percent) and firearms offenses (4 percent).

2006 Reports

Although courts were required to report delayed-notice search warrant applications to the AO

upon enactment of the reporting requirement in March 2006, the statute requires that the first

report to Congress cover the fiscal year starting October 1, 2006. Reports submitted to the AO

on delayed-notice search warrant requests made during the interim period (March 2006 through

September 2006) are summarized in Table 1a. Table 2a shows the offenses specified in these

reports.

Regulations

The Director of the AO is empowered to issue binding regulations, in consultation with the

Attorney General, dealing with the content and form of the reports required to be filed by judges

on applications for delayed-notice search warrants and extensions. The Director of the AO has

not issued regulations on the reporting of delayed-notice search warrant applications or

extension requests.
3

Table 1. Delayed-notice warrant and extension requests – fiscal year 2007

Total

requests

Avg 

delay 

(in days)

Warrant

requests Granted

Granted

as

modified

Extension

requests Granted

Granted

as

modified

ALL CIRCUITS 690 75 419 404 15 271 267 4

DC CIRCUIT 2 90 1 1 0 1 1 0

DISTRICT OF COLUMBIA 2 90 1 1 0 1 1 0

FIRST CIRCUIT 6 58 6 6 0 0 0 0

MASSACHUSETTS 2 60 2 2 0 0 0 0

MAINE 1 30 1 1 0 0 0 0

PUERTO RICO 3 65 3 3 0 0 0 0

SECOND CIRCUIT 14 72 8 8 0 6 6 0

NEW YORK (NORTHERN) 6 37 3 3 0 3 3 0

NEW YORK (EASTERN) 3 134 3 3 0 0 0 0

NEW YORK (SOUTHERN) 5 78 2 2 0 3 3 0

THIRD CIRCUIT 53 48 37 36 1 16 16 0

NEW JERSEY 4 17 4 4 0 0 0 0

PENNSYLVANIA (EASTERN) 1 30 0 0 0 1 1 0

PENNSYLVANIA (MIDDLE) 48 51 33 32 1 15 15 0

FOURTH CIRCUIT 51 55 43 43 0 8 8 0

MARYLAND 5 42 5 5 0 0 0 0

NORTH CAROLINA (EASTERN) 32 59 28 28 0 4 4 0

VIRGINIA (EASTERN) 14 50 10 10 0 4 4 0

FIFTH CIRCUIT 117 115 84 77 7 33 32 1

MISSISSIPPI (SOUTHERN) 2 68 2 1 1 0 0 0

TEXAS (NORTHERN) 6 78 2 2 0 4 4 0

TEXAS (EASTERN) 2 20 2 2 0 0 0 0

TEXAS (SOUTHERN) 79 133 62 56 6 17 16 1

TEXAS (WESTERN) 28 81 16 16 0 12 12 0

SIXTH CIRCUIT 34 65 16 16 0 18 17 1

KENTUCKY (WESTERN) 1 90 0 0 0 1 0 1

MICHIGAN (EASTERN) 4 90 1 1 0 3 3 0

MICHIGAN (WESTERN) 1 90 0 0 0 1 1 0

OHIO (NORTHERN) 16 57 5 5 0 11 11 0

OHIO (SOUTHERN) 9 53 9 9 0 0 0 0

TENNESSEE (MIDDLE) 3 90 1 1 0 2 2 0

SEVENTH CIRCUIT 75 77 65 60 5 10 10 0

ILLINOIS (NORTHERN) 1 90 1 1 0 0 0 0

INDIANA (SOUTHERN) 11 55 8 8 0 3 3 0

WISCONSIN (EASTERN) 63 81 56 51 5 7 7 0
4

EIGHTH CIRCUIT 26 30 9 9 0 17 17 0

IOWA (NORTHERN) 20 25 4 4 0 16 16 0

IOWA (SOUTHERN) 3 45 2 2 0 1 1 0

MISSOURI (WESTERN) 2 53 2 2 0 0 0 0

NORTH DAKOTA 1 30 1 1 0 0 0 0

NINTH CIRCUIT 235 79 99 97 2 136 134 2

ARIZONA 29 77 20 20 0 9 9 0

CALIFORNIA (NORTHERN) 2 80 1 1 0 1 1 0

CALIFORNIA (CENTRAL) 13 55 8 6 2 5 3 2

CALIFORNIA (SOUTHERN) 60 70 28 28 0 32 32 0

HAWAII 116 90 31 31 0 85 85 0

IDAHO 4 79 3 3 0 1 1 0

MONTANA 1 30 1 1 0 0 0 0

WASHINGTON (EASTERN) 4 10 3 3 0 1 1 0

WASHINGTON (WESTERN) 6 57 4 4 0 2 2 0

TENTH CIRCUIT 29 64 25 25 0 4 4 0

COLORADO 22 61 19 19 0 3 3 0

KANSAS 1 90 1 1 0 0 0 0

OKLAHOMA (NORTHERN) 5 84 4 4 0 1 1 0

UTAH 1 10 1 1 0 0 0 0

ELEVENTH CIRCUIT 48 51 26 26 0 22 22 0

FLORIDA (NORTHERN) 12 7 0 0 0 12 12 0

FLORIDA (MIDDLE) 2 68 2 2 0 0 0 0

FLORIDA (SOUTHERN) 11 87 7 7 0 4 4 0

GEORGIA (NORTHERN) 23 56 17 17 0 6 6 0
5

Table 1a. Delayed-notice warrant and extension requests – fiscal year 2006

Total

requests

Avg 

delay 

(in days)

Warrant 

requests Granted

Granted

as

modified

Extension

requests Granted

Granted

as

Modified

ALL CIRCUITS 116 67 87 75 12 29 29 0

SECOND CIRCUIT 9 26 660 330

NEW YORK (EASTERN) 9 26 6 6 0 3 3 0

THIRD CIRCUIT 24 59 24 24 0 0 0 0

PENNSYLVANIA (MIDDLE) 24 59 24 24 0 0 0 0

FOURTH CIRCUIT 6 65 4 4 0 2 2 0

MARYLAND 4 53 3 3 0 1 1 0

NORTH CAROLINA (EASTERN) 1 90 1 1 0 0 0 0

VIRGINIA (EASTERN) 1 90 0 0 0 1 1 0

FIFTH CIRCUIT 35 85 25 15 10 10 10 0

TEXAS (SOUTHERN) 32 86 22 12 10 10 10 0

TEXAS (WESTERN) 3 75 3 3 0 0 0 0

SIXTH CIRCUIT 6 50 1 1 0 5 5 0

OHIO (NORTHERN) 6 50 1 1 0 5 5 0

SEVENTH CIRCUIT 5 87 5 5 0 0 0 0

INDIANA (NORTHERN) 1 120 1 1 0 0 0 0

WISCONSIN (EASTERN) 4 79 4 4 0 0 0 0

EIGHTH CIRCUIT 1 30 1 1 0 0 0 0

NEBRASKA 1 30 1 1 0 0 0 0

NINTH CIRCUIT 21 86 16 14 2 5 5 0

CALIFORNIA (CENTRAL) 3 63 3 3 0 0 0 0

CALIFORNIA (SOUTHERN) 12 90 7 7 0 5 5 0

HAWAII 3 90 3 3 0 0 0 0

WASHINGTON (WESTERN) 3 90 3 1 2 0 0 0

TENTH CIRCUIT 1 90 1 1 0 0 0 0

COLORADO 1 90 1 1 0 0 0 0

ELEVENTH CIRCUIT 8 14 4 4 0 4 4 0

FLORIDA (NORTHERN) 1 7 1 1 0 0 0 0

FLORIDA (SOUTHERN) 7 15 3 3 0 4 4 0
6

Table 2. Offenses specified for delayed-notice warrant and extension requests – fiscal year 2007

Reports Warrants Extensions

Offense Number Percent* Number Percent* Number Percent*

Total 690 100% 419 100% 271 100%

Drugs 473 69% 300 72% 173 64%

Tax 68 10% 3 - 65 24%

Firearms 25 4% 17 4% 8 3%

Extortion/racketeering 17 2% 10 2% 7 3%

Sex offenses 15 2% 8 2% 7 3%

Theft/contraband 15 2% 12 3% 3 -

Fraud 14 2% 14 3% 0 -

Immigration 11 2% 9 2% 2 -

Currency 7 - 7 2% 0 -

Fugitive 7 - 6 - 1 -

Robbery 7 - 6 - 1 -

Terrorism 7 - 6 - 1 -

Homicide 5 - 5 - 0 -

Assault 3 - 3 - 0 -

Copyright 3 - 3 - 0 -

Civil rights 2 - 1 - 1 -

Mail obstruction 1 - 0 - 1 -

Unspecified 10 - 9 2% 1 -

*

 Percentages not shown where the percentage is less than 2%.
7

Table 2a. Offenses specified for delayed-notice warrant and extension requests – fiscal year 2006

Reports Warrants Extensions

Offense Number Percent* Number Percent* Number Percent*

Total 116 100% 87 100% 29 100%

Drugs 90 78% 65 75% 25 86%

Fugitive 11 9% 11 13% 0 -

Firearms 5 4% 1 - 4 14%

Extortion/racketeering 3 3% 3 3% 0 -

Fraud 3 3% 3 3% 0 -

Sex offenses 2 2% 2 2% 0 -

Homicide 1 - 1 - 0 -

Unspecified 1 - 1 - 0 -

*

 Percentages not shown where the percentage is less than 2%.
8

Graph 1. Periods of delayed notice – fiscal year 2007

Periods of Delayed Notice

0

50

100

150

200

250

300

350

7 10 30 45 60 90 180 Other

Period of delay authorized, in days

Number of applicatio

n

# Extensions

# Warrants

Graph 2. Total numbers of extensions – fiscal year 2007

Total Numbers of Extensions

0

10

20

30

40

50

60

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

Number of extensions reported

Frequenc

y