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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, 2011, and September 30, 2012. 

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 2012

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

2012 are shown in Table 1. A total of 5,606 warrant requests and 4,577 requests for extensions 

were reported for the fiscal year ended September 30, 2012. Ten of the applications reported 

(five initial requests and five extensions) were denied, 67 of the applications (42 initial requests 

and 25 extensions) were granted as modified, and the rest were granted as requested. 

Judges in 92 federal judicial districts reported actions on applications for delayed-notice search 

warrants or extensions, an increase from 85 districts in the 2011 fiscal year. The greatest 

numbers of applications were reported by judges in the District of Arizona (834), the Southern 

District of California (807), the Southern District of Texas (692), and the District Court of Guam 

(513); applications in these four districts accounted for over a quarter of all applications reported. 

Of the 10,183 applications reported, 9,946 (98 percent) were reported by federal magistrate 
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judges and 236 were reported by federal district judges. One application was reported by a state 

judge. 

The periods of delay specified ranged from 1 day to 365 days. The most frequently reported 

period of delay was 90 days, specified in 5,047 (50 percent) of the applications that were 

granted. (See Graph 1.) Extensions to the period of delay numbered from one to 16, with two 

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

Note: The method of counting extensions has changed with this year’s report. In prior years, 

warrants and extensions were matched up so that only the last extension for a warrant was 

counted in Graph 2. (For example, for a warrant with two extensions to the period of delay, only 

the second extension would be counted.) Starting this year, because of limitations in the 

methodology for matching up warrants and extensions, every extension is counted in Graph 2. 

(So both the first and second extensions to the warrant in the previous example would be 

counted.) 

Offenses

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

requests reported in 2011. Drug offenses were specified in 82 percent of applications reported, 

followed by fraud and extortion/racketeering (3 percent each). 

 
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Table 1. Delayed-notice warrant and extension requests - fiscal year 2012

 

Total 

requests 

Average 

delay 

(in days) 

Warrant 

requests Granted 

Granted 

as 

modified Denied 

Extension 

requests Granted 

Granted 

as 

modified Denied 

ALL CIRCUITS 10,183 65 5,606 5,559 42 5 4,577 4,547 25 5 

 

DC CIRCUIT 28 54 27 27 0 0 1 1 0 0 

DISTRICT OF COLUMBIA 28 54 27 27 0 0 1 1 0 0 

 

FIRST CIRCUIT 635 54 412 397 15 0 223 222 1 0 

MAINE 51 60 23 23 0 0 28 28 0 0 

MASSACHUSETTS 407 54 242 242 0 0 165 164 1 0 

NEW HAMPSHIRE 37 94 14 14 0 0 23 23 0 0 

RHODE ISLAND 48 42 41 41 0 0 7 7 0 0 

PUERTO RICO 92 40 92 77 15 0 0 0 0 0 

 

SECOND CIRCUIT 718 38 603 597 6 0 115 114 1 0 

CONNECTICUT 4 90 1 1 0 0 3 3 0 0 

NEW YORK (NORTHERN) 20 65 10 10 0 0 10 9 1 0 

NEW YORK (EASTERN) 167 43 142 141 1 0 25 25 0 0 

NEW YORK (SOUTHERN) 461 35 415 411 4 0 46 46 0 0 

NEW YORK (WESTERN) 45 33 21 20 1 0 24 24 0 0 

VERMONT 21 41 14 14 0 0 7 7 0 0 

 

THIRD CIRCUIT 124 43 107 106 1 0 17 17 0 0 

DELAWARE 4 30 4 4 0 0 0 0 0 0 

NEW JERSEY 28 39 24 24 0 0 4 4 0 0 

PENNSYLVANIA (EASTERN) 24 40 20 20 0 0 4 4 0 0 

PENNSYLVANIA (MIDDLE) 22 44 20 20 0 0 2 2 0 0 

PENNSYLVANIA (WESTERN) 46 47 39 38 1 0 7 7 0 0 

VIRGIN ISLANDS - - - - - - - - - - 

 

FOURTH CIRCUIT 506 41 400 395 5 0 106 100 6 0 

MARYLAND 238 38 193 189 4 0 45 45 0 0 

NORTH CAROLINA (EASTERN) 17 51 12 11 1 0 5 5 0 0 

NORTH CAROLINA (MIDDLE) 55 32 52 52 0 0 3 3 0 0 

NORTH CAROLINA (WESTERN) 48 39 41 41 0 0 7 7 0 0 

SOUTH CAROLINA 46 48 27 27 0 0 19 19 0 0 

VIRGINIA (EASTERN) 84 51 62 62 0 0 22 16 6 0 
4

 

Total 

requests 

Average 

delay 

(in days) 

Warrant 

requests Granted 

Granted 

as 

modified Denied 

Extension 

requests Granted 

Granted 

as 

modified Denied 

VIRGINIA (WESTERN) 10 33 8 8 0 0 2 2 0 0 

WEST VIRGINIA (NORTHERN) 3 45 1 1 0 0 2 2 0 0 

WEST VIRGINIA (SOUTHERN) 5 30 4 4 0 0 1 1 0 0 

 

FIFTH CIRCUIT 1,243 70 638 634 3 1 605 602 3 0 

LOUISIANA (EASTERN) 67 31 67 67 0 0 0 0 0 0 

LOUISIANA (MIDDLE) 6 50 3 3 0 0 3 2 1 0 

LOUISIANA (WESTERN) 40 97 32 32 0 0 8 8 0 0 

MISSISSIPPI (NORTHERN) 4 30 4 4 0 0 0 0 0 0 

MISSISSIPPI (SOUTHERN) 1 90 0 0 0 0 1 1 0 0 

TEXAS (NORTHERN) 191 43 145 145 0 0 46 46 0 0 

TEXAS (EASTERN) 7 46 3 3 0 0 4 4 0 0 

TEXAS (SOUTHERN) 692 81 252 248 3 1 440 438 2 0 

TEXAS (WESTERN) 235 66 132 132 0 0 103 103 0 0 

 

SIXTH CIRCUIT 948 62 484 483 1 0 464 464 0 0 

KENTUCKY (EASTERN) 9 43 8 7 1 0 1 1 0 0 

KENTUCKY (WESTERN) 163 73 42 42 0 0 121 121 0 0 

MICHIGAN (EASTERN) 359 62 203 203 0 0 156 156 0 0 

MICHIGAN (WESTERN) 14 34 12 12 0 0 2 2 0 0 

OHIO (NORTHERN) 137 63 71 71 0 0 66 66 0 0 

OHIO (SOUTHERN) 191 61 90 90 0 0 101 101 0 0 

TENNESSEE (EASTERN) 25 44 23 23 0 0 2 2 0 0 

TENNESSEE (MIDDLE) 49 40 34 34 0 0 15 15 0 0 

TENNESSEE (WESTERN) 1 30 1 1 0 0 0 0 0 0 

 

SEVENTH CIRCUIT 544 74 272 269 3 0 272 272 0 0 

ILLINOIS (NORTHERN) 6 72 0 0 0 0 6 6 0 0 

ILLINOIS (CENTRAL) 30 53 21 21 0 0 9 9 0 0 

ILLINOIS (SOUTHERN) 256 83 49 49 0 0 207 207 0 0 

INDIANA (NORTHERN) 34 37 31 31 0 0 3 3 0 0 

INDIANA (SOUTHERN) 67 35 58 56 2 0 9 9 0 0 

WISCONSIN (EASTERN) 128 93 102 101 1 0 26 26 0 0 

WISCONSIN (WESTERN) 23 63 11 11 0 0 12 12 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 

EIGHTH CIRCUIT 594 65 266 262 4 0 328 328 0 0 

ARKANSAS (EASTERN) 25 37 20 20 0 0 5 5 0 0 

ARKANSAS (WESTERN) 5 90 5 5 0 0 0 0 0 0 

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

IOWA (SOUTHERN) 57 53 32 28 4 0 25 25 0 0 

MINNESOTA 135 77 16 16 0 0 119 119 0 0 

MISSOURI (EASTERN) 44 75 27 27 0 0 17 17 0 0 

MISSOURI (WESTERN) 256 66 115 115 0 0 141 141 0 0 

NEBRASKA 45 49 33 33 0 0 12 12 0 0 

NORTH DAKOTA 18 40 10 10 0 0 8 8 0 0 

SOUTH DAKOTA 8 59 7 7 0 0 1 1 0 0 

 

NINTH CIRCUIT 3,175 73 1,700 1,693 3 4 1,475 1,456 14 5 

ALASKA 49 159 49 49 0 0 0 0 0 0 

ARIZONA 834 72 333 332 0 1 501 500 1 0 

CALIFORNIA (NORTHERN) 105 74 38 36 2 0 67 67 0 0 

CALIFORNIA (EASTERN) 76 47 62 62 0 0 14 14 0 0 

CALIFORNIA (CENTRAL) 267 60 150 147 0 3 117 111 1 5 

CALIFORNIA (SOUTHERN) 807 88 419 419 0 0 388 388 0 0 

HAWAII 196 90 143 143 0 0 53 53 0 0 

IDAHO 4 53 4 4 0 0 0 0 0 0 

MONTANA 1 90 1 1 0 0 0 0 0 0 

NEVADA 36 56 22 22 0 0 14 14 0 0 

OREGON 21 48 7 7 0 0 14 14 0 0 

WASHINGTON (EASTERN) 55 68 34 34 0 0 21 21 0 0 

WASHINGTON (WESTERN) 211 67 83 82 1 0 128 116 12 0 

GUAM 513 50 355 355 0 0 158 158 0 0 

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

 

TENTH CIRCUIT 911 67 355 355 0 0 556 556 0 0 

COLORADO 227 66 68 68 0 0 159 159 0 0 

KANSAS 441 79 110 110 0 0 331 331 0 0 

NEW MEXICO 188 43 135 135 0 0 53 53 0 0 

OKLAHOMA (NORTHERN) 23 49 16 16 0 0 7 7 0 0 

OKLAHOMA (EASTERN) 17 74 12 12 0 0 5 5 0 0 

OKLAHOMA (WESTERN) 7 26 7 7 0 0 0 0 0 0 

UTAH 7 56 6 6 0 0 1 1 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 

WYOMING 1 90 1 1 0 0 0 0 0 0 

 

ELEVENTH CIRCUIT 756 79 341 340 1 0 415 415 0 0 

ALABAMA (NORTHERN) 26 78 19 19 0 0 7 7 0 0 

ALABAMA (MIDDLE) 14 40 14 14 0 0 0 0 0 0 

ALABAMA (SOUTHERN) - - - - - - - - - - 

FLORIDA (NORTHERN) 23 52 20 20 0 0 3 3 0 0 

FLORIDA (MIDDLE) 69 52 52 52 0 0 17 17 0 0 

FLORIDA (SOUTHERN) 131 62 75 74 1 0 56 56 0 0 

GEORGIA (NORTHERN) 465 90 142 142 0 0 323 323 0 0 

GEORGIA (MIDDLE) 18 90 10 10 0 0 8 8 0 0 

GEORGIA (SOUTHERN) 10 35 9 9 0 0 1 1 0 0 

 

STATE 1 30 1 1 0 0 0 0 0 0 

STATE 1 30 1 1 0 0 0 0 0 0 

 
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Table 2. Offenses specified for delayed-notice warrant and extension requests - fiscal year 2012 

 Reports Warrants Extensions 

 Offense Number Percent* Number Percent* Number Percent* 

Total 10,183 100% 5,606 100% 4,577 100% 

 

Drugs 8,307 82% 4,321 77% 3,986 87% 

Fraud 316 3% 241 4% 75 2% 

Extortion/Racketeering 264 3% 180 3% 84 2% 

Immigration 219 2% 89 2% 130 3% 

Sex Offenses 147 - 133 2% 14 - 

Weapons 141 - 98 2% 43 - 

Fugitive / Escape 102 - 88 2% 14 - 

Terrorism 58 - 34 - 24 - 

Robbery 43 - 33 - 10 - 

Smuggling/Contraband 40 - 30 - 10 - 

Theft 44 - 34 - 10 - 

Murder 35 - 27 - 8 - 

Counterfeit 29 - 19 - 10 - 

Wildlife 25 - 11 - 14 - 

Conspiracy 24 - 23 - 1 - 

Currency 24 - 22 - 2 - 

Tax 22 - 14 - 8 - 

Gambling 16 - 11 - 5 - 

Espionage 10 - 4 - 6 - 

IEEPA** 8 - 8 - 0 - 

Kidnapping 8 - 8 - 0 - 

Bribery 7 - 6 - 1 - 

Obstruction 5 - 5 - 0 - 

Other 47 - 32 - 15 - 

Unspecified 242 2% 135 2% 107 2% 

 

 

* 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 2012 

Graph 2. Total numbers of extensions - fiscal year 2012 

0

1000

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4000

5000

6000

30 45 60 90 Other

Number of applications

Period of delay authorized, in days

Periods of Delayed Notice

Extensions

Warrants

0

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1000

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1600

1 2 3 4 5 6 7 8 9+

Frequency

Number of extensions reported

Total Numbers of Extensions