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 began with the fiscal year ended September 30, 2007. 

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

October 1, 2012, and September 30, 2013. 

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 2013

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

2013 are shown in Table 1. A total of 6,480 warrant requests and 4,649 requests for extensions 

were reported for the fiscal year ended September 30, 2013. Eleven of the applications reported 

(nine initial requests and two extensions) were denied, 66 of the applications (43 initial requests 

and 23 extensions) were granted as modified, and the rest were granted as requested. 

Judges in 91 federal judicial districts reported actions on applications for delayed-notice search 

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

Southern District of California (1,035), the Southern District of Texas (726), the District of 

Kansas (555), and the District of Arizona (542); applications in these four districts accounted for 

over a quarter of all applications reported. Of the 11,129 applications reported by all districts, 

10,863 (98 percent) were reported by federal magistrate judges, and 266 were reported by federal 

district judges. No applications were reported by state judges. 
2

The periods of delay specified ranged from 1 day to 546 days. The most frequently reported 

period of delay was 90 days, specified in 5,191 (47 percent) of the applications that were 

granted. (See Graph 1.) Extensions to the period of delay numbered from 1 to 26, with 2 being 

the most frequently reported extension number. (See Graph 2.) 

Offenses

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

requests reported in 2013. Drug offenses were specified in 84 percent of applications reported, 

followed by fraud (4 percent) and sex offenses (2 percent). 

 
3

Table 1. Delayed-notice warrant and extension requests - fiscal year 2013

 Total 

requests 

Average 

delay 

(in days) 

Warrant 

requests Granted 

Granted 

as 

modified Denied 

Extension 

requests Granted 

Granted 

as 

modified Denied 

ALL CIRCUITS 11,129 64 6,480 6,428 43 9 4,649 4,624 23 2 

 

DC CIRCUIT 13 52 12 12 0 0 1 1 0 0 

DISTRICT OF COLUMBIA 13 52 12 12 0 0 1 1 0 0 

 

FIRST CIRCUIT 655 51 434 420 11 3 221 221 0 0 

MAINE 50 61 23 23 0 0 27 27 0 0 

MASSACHUSETTS 300 54 190 190 0 0 110 110 0 0 

NEW HAMPSHIRE 71 62 32 31 0 1 39 39 0 0 

RHODE ISLAND 69 59 38 38 0 0 31 31 0 0 

PUERTO RICO 165 32 151 138 11 2 14 14 0 0 

 

SECOND CIRCUIT 634 37 534 530 3 1 100 98 2 0 

CONNECTICUT 10 90 2 2 0 0 8 8 0 0 

NEW YORK (NORTHERN) 6 41 6 6 0 0 0 0 0 0 

NEW YORK (EASTERN) 96 43 77 75 2 0 19 18 1 0 

NEW YORK (SOUTHERN) 456 34 414 412 1 1 42 42 0 0 

NEW YORK (WESTERN) 49 43 27 27 0 0 22 21 1 0 

VERMONT 17 58 8 8 0 0 9 9 0 0 

 

THIRD CIRCUIT 271 46 217 216 1 0 54 54 0 0 

DELAWARE 20 39 17 17 0 0 3 3 0 0 

NEW JERSEY 46 65 28 28 0 0 18 18 0 0 

PENNSYLVANIA (EASTERN) 9 40 5 5 0 0 4 4 0 0 

PENNSYLVANIA (MIDDLE) 134 35 133 132 1 0 1 1 0 0 

PENNSYLVANIA (WESTERN) 61 60 34 34 0 0 27 27 0 0 

VIRGIN ISLANDS 1 45 0 0 0 0 1 1 0 0 

 

FOURTH CIRCUIT 699 44 554 554 0 0 145 135 10 0 

MARYLAND 452 43 379 379 0 0 73 73 0 0 

NORTH CAROLINA (EASTERN) 10 42 6 6 0 0 4 4 0 0 

NORTH CAROLINA (MIDDLE) 19 45 18 18 0 0 1 1 0 0 

NORTH CAROLINA (WESTERN) 58 37 49 49 0 0 9 9 0 0 

SOUTH CAROLINA 72 57 42 42 0 0 30 30 0 0 

VIRGINIA (EASTERN) 60 45 33 33 0 0 27 17 10 0 
4

 

Total 

requests 

Average 

delay 

(in days) 

Warrant 

requests Granted 

Granted 

as 

modified Denied 

Extension 

requests Granted 

Granted 

as 

modified Denied 

VIRGINIA (WESTERN) 18 38 17 17 0 0 1 1 0 0 

WEST VIRGINIA (NORTHERN) - - - - - - - - - - 

WEST VIRGINIA (SOUTHERN) 10 30 10 10 0 0 0 0 0 0 

 

FIFTH CIRCUIT 1,497 70 873 855 16 2 624 623 1 0 

LOUISIANA (EASTERN) 46 40 41 40 1 0 5 5 0 0 

LOUISIANA (MIDDLE) 23 56 15 15 0 0 8 8 0 0 

LOUISIANA (WESTERN) 42 43 33 33 0 0 9 9 0 0 

MISSISSIPPI (NORTHERN) - - - - - - - - - - 

MISSISSIPPI (SOUTHERN) 16 39 14 14 0 0 2 2 0 0 

TEXAS (NORTHERN) 247 48 199 199 0 0 48 48 0 0 

TEXAS (EASTERN) 35 47 23 23 0 0 12 12 0 0 

TEXAS (SOUTHERN) 726 87 356 340 15 1 370 369 1 0 

TEXAS (WESTERN) 362 61 192 191 0 1 170 170 0 0 

 

SIXTH CIRCUIT 1,402 59 804 799 5 0 598 595 3 0 

KENTUCKY (EASTERN) 13 37 10 10 0 0 3 2 1 0 

KENTUCKY (WESTERN) 215 65 82 82 0 0 133 133 0 0 

MICHIGAN (EASTERN) 495 64 242 240 2 0 253 252 1 0 

MICHIGAN (WESTERN) 23 51 15 12 3 0 8 7 1 0 

OHIO (NORTHERN) 214 67 142 142 0 0 72 72 0 0 

OHIO (SOUTHERN) 309 47 220 220 0 0 89 89 0 0 

TENNESSEE (EASTERN) 42 36 40 40 0 0 2 2 0 0 

TENNESSEE (MIDDLE) 53 44 33 33 0 0 20 20 0 0 

TENNESSEE (WESTERN) 38 65 20 20 0 0 18 18 0 0 

 

SEVENTH CIRCUIT 584 77 322 321 1 0 262 262 0 0 

ILLINOIS (NORTHERN) 4 53 3 3 0 0 1 1 0 0 

ILLINOIS (CENTRAL) 24 59 16 15 1 0 8 8 0 0 

ILLINOIS (SOUTHERN) 224 82 44 44 0 0 180 180 0 0 

INDIANA (NORTHERN) 84 41 67 67 0 0 17 17 0 0 

INDIANA (SOUTHERN) 74 46 69 69 0 0 5 5 0 0 

WISCONSIN (EASTERN) 150 102 114 114 0 0 36 36 0 0 

WISCONSIN (WESTERN) 24 104 9 9 0 0 15 15 0 0 
5

 

Total 

requests 

Average 

delay 

(in days) 

Warrant 

requests Granted 

Granted 

as 

modified Denied 

Extension 

requests Granted 

Granted 

as 

modified Denied 

EIGHTH CIRCUIT 598 65 355 354 1 0 243 243 0 0 

ARKANSAS (EASTERN) 19 39 16 16 0 0 3 3 0 0 

ARKANSAS (WESTERN) 12 48 9 9 0 0 3 3 0 0 

IOWA (NORTHERN) 6 30 6 6 0 0 0 0 0 0 

IOWA (SOUTHERN) 35 48 25 24 1 0 10 10 0 0 

MINNESOTA 151 81 87 87 0 0 64 64 0 0 

MISSOURI (EASTERN) 87 84 28 28 0 0 59 59 0 0 

MISSOURI (WESTERN) 151 56 80 80 0 0 71 71 0 0 

NEBRASKA 104 43 75 75 0 0 29 29 0 0 

NORTH DAKOTA 12 185 12 12 0 0 0 0 0 0 

SOUTH DAKOTA 21 57 17 17 0 0 4 4 0 0 

 

NINTH CIRCUIT 2,825 74 1,427 1,423 3 1 1,398 1,393 5 0 

ALASKA 14 49 13 13 0 0 1 1 0 0 

ARIZONA 542 72 210 210 0 0 332 330 2 0 

CALIFORNIA (NORTHERN) 151 60 81 81 0 0 70 70 0 0 

CALIFORNIA (EASTERN) 272 50 198 198 0 0 74 74 0 0 

CALIFORNIA (CENTRAL) 213 69 122 122 0 0 91 91 0 0 

CALIFORNIA (SOUTHERN) 1,035 88 434 433 0 1 601 599 2 0 

HAWAII 39 90 39 39 0 0 0 0 0 0 

IDAHO 7 54 6 6 0 0 1 1 0 0 

MONTANA 11 60 6 6 0 0 5 4 1 0 

NEVADA 92 62 47 47 0 0 45 45 0 0 

OREGON 6 80 4 4 0 0 2 2 0 0 

WASHINGTON (EASTERN) 145 75 87 84 3 0 58 58 0 0 

WASHINGTON (WESTERN) 154 74 87 87 0 0 67 67 0 0 

GUAM 144 57 93 93 0 0 51 51 0 0 

NORTHERN MARIANAS - - - - - - - - - - 

 

TENTH CIRCUIT 1,171 67 501 500 0 1 670 669 0 1 

COLORADO 369 56 181 180 0 1 188 187 0 1 

KANSAS 555 80 135 135 0 0 420 420 0 0 

NEW MEXICO 172 48 132 132 0 0 40 40 0 0 

OKLAHOMA (NORTHERN) 9 47 9 9 0 0 0 0 0 0 

OKLAHOMA (EASTERN) 24 76 13 13 0 0 11 11 0 0 

OKLAHOMA (WESTERN) 4 59 1 1 0 0 3 3 0 0 

UTAH 18 38 17 17 0 0 1 1 0 0 
6

 

Total 

requests 

Average 

delay 

(in days) 

Warrant 

requests Granted 

Granted 

as 

modified Denied 

Extension 

requests Granted 

Granted 

as 

modified Denied 

WYOMING 20 78 13 13 0 0 7 7 0 0 

 

ELEVENTH CIRCUIT 780 70 447 444 2 1 333 330 2 1 

ALABAMA (NORTHERN) 94 70 41 41 0 0 53 53 0 0 

ALABAMA (MIDDLE) 22 44 20 20 0 0 2 1 0 1 

ALABAMA (SOUTHERN) 2 30 2 2 0 0 0 0 0 0 

FLORIDA (NORTHERN) 30 67 30 30 0 0 0 0 0 0 

FLORIDA (MIDDLE) 117 45 81 81 0 0 36 35 1 0 

FLORIDA (SOUTHERN) 207 65 139 138 0 1 68 68 0 0 

GEORGIA (NORTHERN) 270 88 113 111 2 0 157 156 1 0 

GEORGIA (MIDDLE) 10 87 7 7 0 0 3 3 0 0 

GEORGIA (SOUTHERN) 28 63 14 14 0 0 14 14 0 0 
7

Table 2. Offenses specified for delayed-notice warrant and extension requests - fiscal year 2013 

 Reports Warrants Extensions 

 Offense Number Percent* Number Percent* Number Percent* 

Total 11,129 100% 6,480 100% 4,649 100% 

 

Drugs 9,401 84% 5,191 80% 4,210 91% 

Fraud 452 4% 334 5% 118 3% 

Sex Offenses 190 2% 158 2% 32 - 

Extortion / Racketeering 166 - 111 2% 55 - 

Immigration 156 - 103 2% 53 - 

Fugitive / Escape 130 - 115 2% 15 - 

Weapons 109 - 78 - 31 - 

Theft 81 - 60 - 21 - 

Terrorism 51 - 39 - 12 - 

Smuggling/Contraband 39 - 30 - 9 - 

Robbery 32 - 32 - 0 - 

Conspiracy 31 - 25 - 6 - 

Counterfeit 28 - 17 - 11 - 

Tax 27 - 18 - 9 - 

Murder 23 - 15 - 8 - 

Espionage 21 - 3 - 18 - 

Threats 20 - 19 - 1 - 

Kidnapping 18 - 18 - 0 - 

Wildlife 15 - 10 - 5 - 

Forfeiture 14 - 6 - 8 - 

IEEPA** 12 - 11 - 1 - 

Gambling 10 - 8 - 2 - 

Other 57 - 48 - 9 - 

Unspecified 46 - 31 - 15 - 

 

 

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

** International Emergency Economic Powers Act, 50 U.S.C. §§ 1701-1707. 

 
8

Graph 1. Periods of delayed notice - fiscal year 2013 

Graph 2. Total numbers of extensions - fiscal year 2013 

0

1000

2000

3000

4000

5000

6000

30 45 60 90 Other

Number of applications

Period of delay authorized, in days

Periods of Delayed Notice

Extensions

Warrants

0

200

400

600

800

1000

1200

1400

1600

1 2 3 4 5 6 7 8 9+

Frequency

Number of extensions reported

Total Numbers of Extensions