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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 began with the fiscal year ended September 30, 2007. 

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

October 1, 2008 and September 30, 2009. 

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 on the warrant with the AO. (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 2009

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

2009 are shown in Table 1. A total of 1,150 warrant requests and 749 requests for extensions

were reported for the fiscal year ended September 30, 2009. Six of the applications reported

were denied, 27 of the applications were granted as modified, and the rest were granted as

requested.

Judges in 69 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

Northern District of Georgia (361), the Southern District of Texas (137), the District of Arizona

(133), and the District of Hawaii (108); applications in these four districts accounted for over a

third of all applications reported. Of the 1,899 applications reported, 1,836 (97 percent) were

reported by federal magistrate judges and 63 were reported by federal district judges. No

applications were reported by state judges.
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The periods of delay specified ranged from 7 days to 300 days. The most frequently reported

period of delay was 90 days, specified in 888 (47 percent) of the applications that were granted. 

(See Graph 1.) Extensions to the period of delay numbered from one to 23, 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 2009. Drug offenses were specified in 77 percent of applications reported,

followed by fraud (4 percent) and extortion/racketeering (3 percent).
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Table 1. Delayed-notice warrant and extension requests – fiscal year 2009

Total

requests

Average

delay 

(in days)

Warrant

requests Granted

Granted

as

modified Denied

Extension

requests Granted

Granted

as

modified Denied

ALL CIRCUITS 1899 64 1150 1124 21 5 749 742 6 1

FIRST CIRCUIT 61 50 59 54 2 3 2200

MAINE 1 30 1 1 0 0 0 0 0 0

MASSACHUSETTS 8 28 8800 0000

NEW HAMPSHIRE 3 70 2 2 0 0 1 1 0 0

PUERTO RICO 49 53 48 43 2 3 1 1 0 0

SECOND CIRCUIT 122 44 65 64 1 0 57 57 0 0

NEW YORK (EASTERN) 48 65 26 25 1 0 22 22 0 0

NEW YORK (NORTHERN) 33 20 6 6 0 0 27 27 0 0

NEW YORK (SOUTHERN) 21 39 20 20 0 0 1 1 0 0

NEW YORK (WESTERN) 16 31 9 9 0 0 7 7 0 0

VERMONT 4 75 4 4 0 0 0 0 0 0

THIRD CIRCUIT 78 44 36 36 0 0 42 42 0 0

DELAWARE 3 70 1 1 0 0 2 2 0 0

NEW JERSEY 13 58 8 8 0 0 5 5 0 0

PENNSYLVANIA (EASTERN) 4 44 1100 3300

PENNSYLVANIA (MIDDLE) 40 31 13 13 0 0 27 27 0 0

PENNSYLVANIA (WESTERN) 18 60 13 13 0 0 5 5 0 0

FOURTH CIRCUIT 114 57 79 78 1 0 35 35 0 0

MARYLAND 22 62 16 16 0 0 6 6 0 0

NORTH CAROLINA (EASTERN) 47 59 32 31 1 0 15 15 0 0

NORTH CAROLINA (MIDDLE) 2 30 1 1 0 0 1 1 0 0

NORTH CAROLINA (WESTERN) 1 60 1 1 0 0 0 0 0 0

SOUTH CAROLINA 17 38 11 11 0 0 6 6 0 0

VIRGINIA (EASTERN) 18 73 11 11 0 0 7700

WEST VIRGINIA (SOUTHERN) 7 39 7 7 0 0 0 0 0 0

FIFTH CIRCUIT 234 68 107 103 4 0 127 125 2 0

LOUISIANA (MIDDLE) 1 30 1 1 0 0 0 0 0 0

LOUISIANA (WESTERN) 9 30 9 9 0 0 0 0 0 0

MISSISSIPPI (NORTHERN) 2 90 1 1 0 0 1 1 0 0

MISSISSIPPI (SOUTHERN) 5 45 2 1 1 0 3 3 0 0

TEXAS (NORTHERN) 8 64 5500 3210

TEXAS (SOUTHERN) 137 62 77 74 3 0 60 59 1 0

TEXAS (WESTERN) 72 87 12 12 0 0 60 60 0 0
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Total

requests

Average

delay 

(in days)

Warrant

requests Granted

Granted

as

modified Denied

Extension

requests Granted

Granted

as

modified Denied

SIXTH CIRCUIT 134 55 98 97 1 0 36 34 2 0

KENTUCKY (EASTERN) 3 30 1010 2020

MICHIGAN (EASTERN) 60 60 38 38 0 0 22 22 0 0

MICHIGAN (WESTERN) 10 30 10 10 0 0 0 0 0 0

OHIO (NORTHERN) 3 65 3 3 0 0 0 0 0 0

OHIO (SOUTHERN) 41 56 35 35 0 0 6 6 0 0

TENNESSEE (EASTERN) 7 49 6600 1100

TENNESSEE (MIDDLE) 10 54 5500 5500

SEVENTH CIRCUIT 75 85 60 59 1 0 15 15 0 0

ILLINOIS (NORTHERN) 7 63 3 3 0 0 4 4 0 0

INDIANA (SOUTHERN) 9 78 7 7 0 0 2 2 0 0

WISCONSIN (EASTERN) 59 89 50 49 1 0 9900

EIGHTH CIRCUIT 77 51 54 46 8 0 23 23 0 0

ARKANSAS (EASTERN) 6 50 6600 0000

IOWA (NORTHERN) 1 30 1 1 0 0 0 0 0 0

IOWA (SOUTHERN) 10 48 8 0 8 0 2 2 0 0

MINNESOTA 22 65 12 12 0 0 10 10 0 0

MISSOURI (EASTERN) 10 51 8800 2200

MISSOURI (WESTERN) 25 43 16 16 0 0 9 9 0 0

NORTH DAKOTA 3 30 3 3 0 0 0 0 0 0

NINTH CIRCUIT 502 70 345 340 3 2 157 155 1 1

ARIZONA 133 70 60 59 0 1 73 71 1 1

CALIFORNIA (CENTRAL) 54 43 48 44 3 1 6 6 0 0

CALIFORNIA (EASTERN) 31 55 26 26 0 0 5500

CALIFORNIA (NORTHERN) 16 68 5 5 0 0 11 11 0 0

CALIFORNIA (SOUTHERN) 64 64 61 61 0 0 3 3 0 0

GUAM 6 90 2 2 0 0 4 4 0 0

HAWAII 108 90 74 74 0 0 34 34 0 0

IDAHO 4 56 1 1 0 0 3 3 0 0

MONTANA 7 58 3 3 0 0 4 4 0 0

NEVADA 8 53 8800 0000

OREGON 53 84 45 45 0 0 8 8 0 0

WASHINGTON (EASTERN) 6 67 4400 2200

WASHINGTON (WESTERN) 12 49 8 8 0 0 4 4 0 0

TENTH CIRCUIT 74 50 51 51 0 0 23 23 0 0

COLORADO 21 63 5 5 0 0 16 16 0 0

KANSAS 39 41 34 34 0 0 5 5 0 0

NEW MEXICO 4 60 3 3 0 0 1 1 0 0

OKLAHOMA (NORTHERN) 5 72 4 4 0 0 1 1 0 0

UTAH 5 30 5 5 0 0 0 0 0 0
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Total

requests

Average

delay 

(in days)

Warrant

requests Granted

Granted

as

modified Denied

Extension

requests Granted

Granted

as

modified Denied

ELEVENTH CIRCUIT 401 73 170 170 0 0 231 230 1 0

ALABAMA (MIDDLE) 9 63 9900 0000

FLORIDA (NORTHERN) 5 30 4 4 0 0 1 1 0 0

FLORIDA (SOUTHERN) 22 54 17 17 0 0 5 4 1 0

GEORGIA (NORTHERN) 361 74 137 137 0 0 224 224 0 0

GEORGIA (SOUTHERN) 4 68 3 3 0 0 1 1 0 0

DC CIRCUIT 27 43 26 26 0 0 1100

DISTRICT OF COLUMBIA 27 43 26 26 0 0 1 1 0 0
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Table 2. Offenses specified for delayed-notice warrant and extension requests – fiscal year 2009

Reports Warrants Extensions

Offense Number Percent* Number Percent* Number Percent*

Total 1899 100% 1150 100% 749 100%

Drugs 1456 77% 844 73% 612 82%

Fraud 76 4% 55 5% 21 3%

Extortion/Racketeering 55 3% 37 3% 18 2%

Unspecified 46 2% 38 3% 8 -

Currency 30 2% 14 - 16 2%

Fugitive/Escape 26 - 26 2% 0 -

Weapons 26 - 15 - 11 -

IEEPA** 24 - 8 - 16 2%

Immigration 18 - 17 - 1 -

Robbery 14 - 13 - 1 -

Theft 14 - 9 - 5 -

Terrorism 14 - 6 - 8 -

Customs 14 - 5 - 9 -

Sex Offenses 11 - 9 - 2 -

Murder 9 - 8 - 1 -

Conservation 7 - 5 - 2 -

Conspiracy 7 - 5 - 2 -

Threats 7 - 3 - 4 -

Counterfeit 7 - 2 - 5 -

Kidnapping 4 - 4 - 0 -

Obstruction 4 - 4 - 0 -

Computer 4 - 3 - 1 -

Food & Drug 4 - 3 - 1 -

Perjury 4 - 1 - 3 -

Bribery 3 - 3 - 0 -

Tax 3 - 3 - 0 -

Treason 3 - 1 - 2 -

Other 9 - 9 - 0 -

*

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

** International Emergency Economic Powers Act, 50 U.S.C. § 1701-1707.
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Graph 1. Periods of delayed notice – fiscal year 2009

Graph 2. Total numbers of extensions – fiscal year 2009