reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 3 - Indictments and Informations › Subchapter III - Sufficiency › § 23–323. Perjury

§ 23–323. Perjury.
In every information or indictment for perjury, it shall be sufficient to set forth the substance of the offense charged upon the defendant, and by what court, or before whom the oath was taken (averring such court, or person or persons, to have a competent authority to administer the same) together with the proper averment or averments to falsify the matter or matters wherein the perjury or perjuries is or are assigned; without setting forth the bill, answer, information, indictment, declaration, or any part of any record of proceeding either in law or equity, other than as aforesaid; and without setting forth the commission or authority of the court, or person or persons before whom the perjury was committed; any law, usage, or custom to the contrary notwithstanding.
(July 29, 1970, 84 Stat. 612, Pub. L. 91-358, title II, § 210(a).)
Prior Codifications
1981 Ed., § 23-323.
1973 Ed., § 23-323.
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 3 - Indictments and Informations › Subchapter III - Sufficiency › § 23–324. Subornation of perjury

§ 23–324. Subornation of perjury.
In every information or indictment for subornation of perjury, or for corrupt bargaining or contracting with others to commit perjury, it shall be sufficient to set forth the substance of the offense charged upon the defendant, without setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceeding either in law or equity, and without setting forth the commission or authority of the court, or person or persons before whom the perjury was committed, or was agreed or promised to be committed, any law, usage, or custom to the contrary notwithstanding.
(July 29, 1970, 84 Stat. 612, Pub. L. 91-358, title II, § 210(a); May 10, 2005, D.C. Law 15-356, § 3(a)(1), 52 DCR 1176.)
Prior Codifications
1981 Ed., § 23-324.
1973 Ed., § 23-324.
Effect of Amendments
D.C. Law 15-356, in the section heading, substituted “subornation” for ’subordination“.
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 3 - Indictments and Informations › Subchapter IV - Fictitious Name Indictments › § 23–331. Fictitious name indictments for first or second degree sexual abuse or first or second degree child sexual abuse. [Repealed]

§ 23–331. Fictitious name indictments for first or second degree sexual abuse or first or second degree child sexual abuse. [Repealed]
[Repealed].
(May 10, 2005, D.C. Law 15-356, § 3(b), 52 DCR 1176; Mar. 2, 2007, D.C. Law 16-191, § 45, 53 DCR 6794; May 3, 2019, D.C. Law 22-311, § 4(b), 66 DCR 1398.)
Effect of Amendments
D.C. Law 16-191 made a technical change in the language of D.C. Law 15-356 that resulted in no change in text.
Applicability
Section 5(c) of D.C. Law 22-311 provided that the repeal of this section by D.C. Law 22-311 shall not affect prosecutions commenced before May 3, 2019.
Effective Dates
Section 4 of D.C. Law 15-356 provided as follows: “Sec. 4. Applicability. This act shall apply to an offense committed before its effective date only if the statute of limitations for the offense has not expired prior to the effective date.”
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter II - Search Warrants › § 23–522. Applications for search warrants

§ 23–522. Applications for search warrants.
(a) Each application for a search warrant shall be made in writing, or by telephone or other appropriate means, including facsimile transmissions or other electronic communications, upon oath or affirmation to a judicial officer, pursuant to the Superior Court Rules of Criminal Procedure.
(b) Each application shall include —
(1) the name and title of the applicant;
(2) a statement that there is probable cause to believe that property of a kind or character described in section 23-521(d) is likely to be found in a designated premise, in a designated vehicle or object, or upon designated persons;
(3) allegations of fact supporting such statement; and
(4) a request that the judicial officer issue a search warrant directing a search for and seizure of the property in question.
The applicant may also submit depositions or affidavits of other persons containing allegations of fact supporting or tending to support those contained in the application.
(c) The application may also contain a request that the search warrant be made executable at any hour of the day or night upon the ground that there is probable cause to believe that (1) it cannot be executed during the hours of daylight, (2) the property sought is likely to be removed or destroyed if not seized forthwith, or (3) the property sought is not likely to be found except at certain times or in certain circumstances. Any request made pursuant to this subsection must be accompanied and supported by allegations of fact supporting such request.
(July 29, 1970, 84 Stat. 615, Pub. L. 91-358, title II, § 210(a); Oct. 26, 1974, 88 Stat. 1455, Pub. L. 93-481, § 4(c); Oct. 17, 2002, D.C. Law 14-194, § 802, 49 DCR 5306.)
Prior Codifications
1981 Ed., § 23-522.
1973 Ed., § 23-522.
Section References
This section is referenced in § 23-521.
Effect of Amendments
D.C. Law 14-194 rewrote subsec. (a) which had read as follows: “(a) Each application for a search warrant shall be made in writing upon oath or affirmation to a judicial officer.”
Cross References
Alcoholic Beverage Control Act, search warrants, see § 25-803.
Businesses, examination of books and search of premises of certain businesses, see § 5-117.02.
Cruelty to animals, search warrants to prevent, see § 22-1005.
Gaming houses or bawdy houses, authorization of searches, see § 5-115.06.
Milk containers, search warrants to discover illegal use, see §§ 36-125 and 36-1555.
Pawned or pledged property, examination of property, see § 5-117.03.
Raids, prohibition of advance information of raids to attorneys or bondsmen, see § 23-1109.
Uniform Narcotic Drug Act, search warrants, see § 48-902.04.
Weights, Measures, and Markets, warrantless searches by Director, see § 37-201.24.
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter II - Search Warrants › § 23–523. Time of execution of search warrants

§ 23–523. Time of execution of search warrants.
(a) A search warrant shall not be executed more than ten days after the date of issuance and shall be returned to the court after its execution or expiration in accordance with section 23-521(f)(6).
(b) A search warrant may be executed on any day of the week and, in the absence of express authorization in the warrant pursuant to section 23-521(f)(5), shall be executed only during the hours of daylight. For the purposes of this subsection, the term “hours of daylight” means between 6:00 a.m. and 9:00 p.m.
(June 3, 1997, D.C. Law 11-275, § 14(b), 44 DCR 1408; Dec. 10, 2009, D.C. Law 18-88, § 221, 56 DCR 7413.)
Prior Codifications
1981 Ed., § 23-523.
1973 Ed., § 23-523.
Effect of Amendments
D.C. Law 18-88, in subsec. (b), added the second sentence.
Emergency Legislation
For temporary (90 day) amendment of section, see § 221 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).
For temporary (90 day) amendment of section, see § 221 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter II - Search Warrants › § 23–524. Execution of search warrants

§ 23–524. Execution of search warrants.
(a) An officer executing a warrant directing a search of a dwelling house or other building or a vehicle shall execute such warrant in accordance with section 3109 of Title 18, United States Code.
(b) An officer executing a warrant directing a search of a person shall give, or make reasonable effort to give, notice of his identity and purpose to the person, and, if such person thereafter resists or refuses to permit the search, such person shall be subject to arrest by such officer pursuant to section 23-581(a) for violation of section 432 of the Revised Statutes of the United States relating to the District of Columbia (D.C. Official Code, sec. 22-405) (resisting a police officer) or other applicable provision of law.
(c)(1) An officer or agent executing a search warrant shall write and subscribe an inventory setting forth the time of the execution of the search warrant and the property seized under it.
(2) If the search is of a person, a copy of the warrant and of the return shall be given to that person.
(3) If the search is of a place, vehicle, or object, a copy of the warrant and of the return shall be given to the owner thereof if he is present, or if he is not, to an occupant, custodian, or other person present; or if no person is present, the officer shall post a copy of the warrant and of the return upon the premises, vehicle, or object searched.
(d) A copy of the warrant shall be filed with the court whose judge or magistrate authorized its issuance on the next court day after its execution, together with a copy of the return.
(e) An officer or agent executing a search warrant may seize any property discovered in the course of the lawful execution of such warrant if he has probable cause to believe that such property is subject to seizure under section 23-521(d), even if the property is not enumerated in the warrant or the application therefor, and no additional warrant shall be required to authorize such seizure, if the property is fully set forth in the return. Such seizure may include taking physical or other impressions or performing chemical, scientific, or other tests or experiments.
(f) An officer or agent executing a search warrant may take photographs and measurements during the execution.
(g) An officer executing a warrant directing a search of premises or a vehicle may search any person therein (1) to the extent reasonably necessary to protect himself or others from the use of any weapon which may be concealed upon the person, or (2) to the extent reasonably necessary to find property enumerated in the warrant which may be concealed upon the person.
(July 29, 1970, 84 Stat. 615, Pub. L. 91-358, title II, § 210(a); Oct. 26, 1974, 88 Stat. 1456, Pub. L. 93-481, § 4(d).)
Prior Codifications
1981 Ed., § 23-524.
1973 Ed., § 23-524.
Cross References
Execution of warrants by police force, see § 5-127.05.
Search warrants in narcotic drug cases, see § 48-902.04.
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter II - Search Warrants › § 23–525. Disposition of property

§ 23–525. Disposition of property.
A law enforcement officer or a designated civilian employee of the Metropolitan Police Department who seizes property in the execution of a search warrant shall cause it to be safely kept for use as evidence. No property seized shall be released or destroyed except in accordance with law and upon order of a court or of the United States attorney or Corporation Counsel for the District of Columbia [Attorney General for the District of Columbia] or one of their assistants.
(July 29, 1970, 84 Stat. 616, Pub. L. 91-358, title II, § 210(a); June 12, 1999, D.C. Law 12-284, § 8(a), 46 DCR 1328.)
Prior Codifications
1981 Ed., § 23-525.
1973 Ed., § 23-525.
Cross References
Disposition of drugs seized under Uniform Narcotic Drug Act, see § 48-902.08.
Drug Paraphernalia Act of 1982, property subject to forfeiture under Act, see § 48-1104.
Property Clerk of Metropolitan Police Department, powers and duties, see §§ 5-119.01 to 5-119.07.
Emergency Legislation
For temporary amendment of section, see § 8(a) of the Metropolitan Police Department Civilianization and Street Solicitation for Prostitution Emergency Amendment Act of 1998 (D.C. Act 12-428, August 6, 1998, 45 DCR 5884).
For temporary amendment of section, see § 8(a) of the Metropolitan Police Department Civilianization Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-506, November 10, 1998, 45 DCR 8139), and § 8(a) of the Metropolitan Police Department Civilianization Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-13, February 8, 1999, 46 DCR 2333).
Temporary Legislation
Section 8(a) of D.C. Law 12-282 substituted “A law enforcement officer or a designated civilian employee of the Metropolitan Police Department” for “An officer or agent.”
Section 13(b) of D.C. Law 12-282 provided that the act shall expire after 225 days of its having taken effect.
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter II-A - Currency Seized by the Metropolitan Police Department › § 23–531. Definitions

§ 23–531. Definitions.
For the purposes of this subchapter, the term:
(1) “Seized-currency” means moneys, coins, or negotiable instrument with monetary value, including personal checks, commercial checks, cashiers’ checks, travelers’ checks, bearer bonds, or money orders, seized by the Metropolitan Police Department or other District of Columbia law enforcement agency pending criminal forfeiture or civil forfeiture proceedings.
(2) “Independent evidentiary value” includes the presence of fingerprints, written notations; or dye markings, traceable amounts of narcotic residue or other identifying substance on currency, or the packaging of currency in an incriminating manner.
(October 4, 2000, D.C. Law 13-160, § 402, 47 DCR 4619.)
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter II-A - Currency Seized by the Metropolitan Police Department › § 23–532. Depositing of seized currency

§ 23–532. Depositing of seized currency.
(a)(1) Seized currency shall be promptly deposited in an interest-bearing escrow account in a federal insured financial institution in the District of Columbia to be administered by the Metropolitan Police Department pending final disposition of forfeiture proceedings. Where practical, seized foreign currency shall be converted to U.S. currency and deposited.
(2) Deposited seized currency, with any accrued interest, shall be divided and deposited as provided in section 48-907.02, or returned to the owners if directed by the Court, after the dispositions of forfeiture proceedings.
(b)(1) The Chief of Police may grant an exception to subsection (a) of this section, pursuant to a request from the United States Attorney or the Corporation Counsel for the District of Columbia [Attorney General for the District of Columbia], if the seized currency is to be used as evidence and has independent evidentiary value. Seized currency retained pursuant to this subchapter shall be stored according to routine evidentiary procedures established by the Chief of Police.
(2) The Chief of Police in consultation with the United States Attorney for the District of Columbia, shall consider whether other means of preserving the independent evidentiary value of the seized currency is feasible, including photography, in determining whether an exception to subsection (a) of this section shall be granted.
(3) If part of the seized currency has independent evidentiary value, the remaining currency shall be deposited pursuant to subsection (a) of this section.
(c) Nothing in this subchapter shall apply to currency advanced to the Metropolitan Police Department, from appropriated funds for use in undercover police activities.
(October 4, 2000, D.C. Law 13-160, § 402, 47 DCR 4619.)
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter II-A - Currency Seized by the Metropolitan Police Department › § 23–533. Rules

§ 23–533. Rules.
The Chief of Police, in consultation with the United States Attorney for the District of Columbia and the Corporation Counsel, shall promulgate regulations to implement this subchapter within 60 days of the effective date of this act [October 4, 2000].
(October 4, 2000, D.C. Law 13-160, § 402, 47 DCR 4619.)
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter II-A - Currency Seized by the Metropolitan Police Department › § 23–534. Applicability

§ 23–534. Applicability.
The provisions of this subchapter shall apply to any seized currency in possession of the Metropolitan Police Department on the effective date of the regulations implementing this subchapter.
(October 4, 2000, D.C. Law 13-160, § 402, 47 DCR 4619.)
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter III - Wire Interception and Interception of Oral Communications › § 23–543. Possession, sale, distribution, manufacture, assembly, and advertising of wire or oral communication intercepting devices prohibited

§ 23–543. Possession, sale, distribution, manufacture, assembly, and advertising of wire or oral communication intercepting devices prohibited.
(a) Except as otherwise specifically provided in subsection (b) of this section, any person who in the District of Columbia —
(1) willfully possesses, sells, distributes, manufactures, or assembles an intercepting device, the design of which renders it primarily useful for the purpose of the surreptitious interception of a wire or oral communication; or
(2) willfully places in any newspaper, magazine, handbill, or other publication any advertisement of —
(A) any intercepting device, the design of which renders it primarily useful for the purpose of the surreptitious interception of a wire or oral communication; or
(B) any intercepting device where such advertisement promotes the use of such device for the purpose of the surreptitious interception of a wire or oral communication;
shall be fined not more than the amount set forth in [§ 22-3571.01] or imprisoned not more than five years, or both.
(b) It shall not be unlawful under this section for —
(1) a communication common carrier or an officer, agent, or employee of, or a person under contract with a communication common carrier, in the usual course of the communication common carrier’s business; or
(2) a person under contract with the Government of the United States, a State or a political subdivision thereof, or the District of Columbia, or an officer, agent, or employee of the Government of the United States, a State or a political subdivision thereof, or the District of Columbia;
to possess, sell, distribute, manufacture or assemble, or advertise any intercepting device, while acting in furtherance of the appropriate activities of the United States, a State or political subdivision thereof, the District of Columbia, or a communication common carrier.
(July 29, 1970, 84 Stat. 618, Pub. L. 91-358, title II, § 210(a); June 11, 2013, D.C. Law 19-317, § 283(b), 60 DCR 2064.)
Prior Codifications
1981 Ed., § 23-543.
1973 Ed., § 23-543.
Section References
This section is referenced in § 23-544 and § 23-556.
Effect of Amendments
The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in [§ 22-3571.01]” for “not more than $10,000” in (a).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 283(b) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
Editor's Notes
Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter III - Wire Interception and Interception of Oral Communications › § 23–544. Confiscation of wire or oral communication intercepting devices

§ 23–544. Confiscation of wire or oral communication intercepting devices.
Any intercepting device in the District of Columbia —
(1) possessed;
(2) used;
(3) sold;
(4) distributed; or
(5) manufactured or assembled;
in violation of section 23-542 or 23-543 may be seized and forfeited to the District of Columbia. Insofar as applicable and not inconsistent with the provisions of this chapter, all provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws; the disposition of such property; the remission or mitigation of such forfeitures; the compromise of claims; and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this title; except that such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws shall be performed with respect to seizures and forfeitures of property under this section by such officers, agents or other persons as may be authorized or designated for that purpose by the Mayor, except to the extent that such duties arise from seizures and forfeitures effected by any customs officer. The proceeds from the sale of any property forfeited under this section shall be deposited in the Treasury to the credit of the general fund of the District of Columbia.
(July 29, 1970, 84 Stat. 619, Pub. L. 91-358, title II, § 210(a); Apr. 30, 1988, D.C. Law 7-104, § 7(b), 35 DCR 147.)
Prior Codifications
1981 Ed., § 23-544.
1973 Ed., § 23-544.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter III - Wire Interception and Interception of Oral Communications › § 23–545. Immunity of witnesses. [Repealed]

§ 23–545. Immunity of witnesses. [Repealed]
Repealed.
(Oct. 15, 1970, 84 Stat. 931, Pub. L. 91-452, title II, § 252.)
Prior Codifications
1981 Ed., § 23-545.
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter III - Wire Interception and Interception of Oral Communications › § 23–548. Additional procedure for approval of interception of wire or oral communications

§ 23–548. Additional procedure for approval of interception of wire or oral communications.
(a) Notwithstanding any other provision of this subchapter, any investigative or law enforcement officer, specially designated by the United States attorney for the District of Columbia, who reasonably determines that —
(1) an emergency situation exists with respect to conspiratorial activities characteristic of organized crime that requires a wire or oral communication to be intercepted before an order authorizing the interception can with due diligence be obtained, and
(2) there are grounds upon which an order could be entered under this subchapter to authorize interception,
may intercept the wire or oral communication if an application for an order approving the interception is initiated in accordance with this section within twelve hours and is completed within seventy-two hours after the interception has occurred, or begins to occur. In the absence of an order, the interception shall immediately terminate when the communication sought is obtained or when the application for the order is denied, whichever is earlier. In the event the application for approval is denied, or in any other case where the interception is terminated without an order having been issued, the contents of any wire or oral communication intercepted shall be treated as having been obtained in violation of this subchapter, and an inventory shall be served as provided for in section 23-550 on the person named in the application.
(b) When an investigative or law enforcement officer, while engaged in intercepting wire or oral communications in the manner authorized by this subchapter, intercepts wire or oral communications relating either to offenses other than those specified in the order of authorization or to offenses other than those offenses for which interception was made pursuant to subsection (a) of this section, he shall make an application to a judge as soon as practicable for approval for disclosure and use, in accordance with section 23-553, of the information intercepted.
(July 29, 1970, 84 Stat. 623, Pub. L. 91-358, title II, § 210(a).)
Prior Codifications
1981 Ed., § 23-548.
1973 Ed., § 23-548.
Section References
This section is referenced in § 23-550, § 23-555, and § 23-556.
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter III - Wire Interception and Interception of Oral Communications › § 23–549. Maintenance and custody of records

§ 23–549. Maintenance and custody of records.
(a) The contents of any wire or oral communication intercepted by any means authorized by this subchapter shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire or oral communication under this subchapter shall be done in such way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions thereof, the recordings shall be made available to the judge issuing the order and sealed under his directions. Custody of the recordings shall be wherever the judge orders. They shall not be destroyed except upon an order of the issuing or denying judge and in any event shall be kept for ten years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of subsection (a) of section 23-553, for investigations. The presence of the seal provided for by this subsection, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire or oral communication or evidence derived therefrom under subsection (b) of section 23-553.
(b) Applications made and orders granted under this subchapter shall be sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. The applications and orders shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction and shall not be destroyed except on order of the issuing or denying judge, and in any event shall be kept for ten years.
(c) Any violation of the provisions of this subsection may be punished as contempt of court.
(July 29, 1970, 84 Stat. 624, Pub. L. 91-358, title II, § 210(a).)
Prior Codifications
1981 Ed., § 23-549.
1973 Ed., § 23-549.
Section References
This section is referenced in § 23-551 and § 23-556.
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter III - Wire Interception and Interception of Oral Communications › § 23–550. Inventory

§ 23–550. Inventory.
Within a reasonable time but not later than ninety days after the filing of an application for an order of approval under section 23-548 which is denied, or the termination of the period of any order or extensions thereof, the issuing or denying judge shall cause to be served, on the persons named in the order or the application, and such other parties to intercepted communications as the judge may determine, in his discretion, are necessary in the interest of justice, an inventory which shall include notice of —
(1) the fact of the entry of the order or the application for an order of approval which was denied;
(2) the date of the entry of the order or the denial of the application for an order of approval;
(3) the period of authorized, approved, or disapproved interception; and
(4) whether during the period wire or oral communications were intercepted.
The judge, upon the filing of a motion, may in his discretion make available to the person or his counsel for inspection such portions of the intercepted communications, applications, and orders as the judge determines to be in the interests of justice. On an ex parte showing of good cause to a judge, the serving of the inventory required by this subsection may be postponed.
(July 29, 1970, 84 Stat. 624, Pub. L. 91-358, title II, § 210(a).)
Prior Codifications
1981 Ed., § 23-550.
1973 Ed., § 23-550.
Section References
This section is referenced in § 23-548, § 23-551, and § 23-556.
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter III - Wire Interception and Interception of Oral Communications › § 23–551. Procedure for disclosure and suppression of intercepted wire or oral communications

§ 23–551. Procedure for disclosure and suppression of intercepted wire or oral communications.
(a) The contents of any intercepted wire or oral communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States or the District of Columbia unless not less than ten days before the trial, hearing, or proceeding —
(1) the inventory as provided in section 23-550 has been served; and
(2) the parties to the action have been served with a copy of the order and accompanying application under which the interception was authorized or approved.
This ten-day period may be waived by court order where a court finds that it was not possible to furnish the party with the above information ten days before the trial hearing, or proceeding and that the party will not be prejudiced by the delay in receiving the information.
(b) Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States or the District of Columbia, may move to suppress the contents of any intercepted wire or oral communication, or evidence derived therefrom, on the grounds that —
(1) the communication was unlawfully intercepted;
(2) the order of authorization or approval under which it was intercepted is insufficient on its face;
(3) the interception was not made in conformity with the order of authorization or approval;
(4) service was not made as provided in section 23-547; or
(5) the seal prescribed by section 23-549(a) is not present and there is no satisfactory explanation for its absence.
The motion shall be made before the trial, hearing or proceeding unless there was no opportunity to make the motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire or oral communication, or evidence derived therefrom, shall be treated as having been obtained in violation of this subchapter and shall not be received in evidence in the trial, hearing, or proceeding. The judge, upon the filing of the motion by the aggrieved person, may in his discretion make available to the aggrieved person or his counsel for inspection such portions of the intercepted communication or evidence derived therefrom as the judge determines to be in the interests of justice.
(July 29, 1970, 84 Stat. 624, Pub. L. 91-358, title II, § 210(a); Dec. 7, 1970, 84 Stat. 1390, Pub. L. 91-530, § 2(c).)
Prior Codifications
1981 Ed., § 23-551.
1973 Ed., § 23-551.
Section References
This section is referenced in § 23-552 and § 23-556.
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter III - Wire Interception and Interception of Oral Communications › § 23–552. Government appeals

§ 23–552. Government appeals.
In addition to any other right to appeal, the United States or the District of Columbia, as the case may be, shall have the right to appeal from an order granting a motion to suppress made under section 23-551 or from the denial of an application for an order of approval, if the United States or the District of Columbia, as the case may be, shall certify to the judge or other official granting such motion or denying the application that the appeal is not taken for purposes of delay. Appeal shall be taken within thirty days after the date the order was entered and shall be diligently prosecuted.
(July 29, 1970, 84 Stat. 625, Pub. L. 91-358, title II, § 210(a).)
Prior Codifications
1981 Ed., § 23-552.
1973 Ed., § 23-552.
Section References
This section is referenced in § 23-556.
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter III - Wire Interception and Interception of Oral Communications › § 23–553. Authorization for disclosure and use of intercepted wire or oral communications

§ 23–553. Authorization for disclosure and use of intercepted wire or oral communications.
(a) Any investigative or law enforcement officer who, by any authorized means and in conformity with this subchapter, has obtained knowledge of the contents of any wire or oral communication, or evidence derived therefrom, may disclose or use such contents or evidence to the extent that such disclosure or use is appropriate to the proper performance of his official duties.
(b) Any person who, by any authorized means and in conformity with this subchapter, has obtained knowledge of the contents of any wire or oral communication intercepted in accordance with this subchapter, or other lawful authority, or evidence derived therefrom, may disclose the contents of such communication or evidence while giving testimony under oath or affirmation in any criminal trial, hearing, or proceeding before any grand jury or court.
(c) The contents of any wire or oral communication intercepted in conformity with this subchapter, or evidence derived therefrom, may otherwise be disclosed or used only by court order upon a showing of good cause.
(July 29, 1970, 84 Stat. 625, Pub. L. 91-358, title II, § 210(a).)
Prior Codifications
1981 Ed., § 23-553.
1973 Ed., § 23-553.
Section References
This section is referenced in § 23-548, § 23-549, and § 23-556.
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter III - Wire Interception and Interception of Oral Communications › § 23–554. Authorization for recovery of civil damages

§ 23–554. Authorization for recovery of civil damages.
(a) Any person whose wire or oral communication is intercepted, disclosed, or used in violation of this subchapter shall —
(1) have a civil cause of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use, such communications; and
(2) be entitled to recover from any such person —
(A) actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation, or $1,000 whichever is higher;
(B) punitive damages; and
(C) a reasonable attorney’s fee and other litigation costs reasonably incurred.
(b) Good faith reliance on a court order or legislative authorization shall constitute a complete defense to an action brought under this section or any other law.
(c) As used in this section, the term “person” includes the District of Columbia. The District of Columbia shall not assert any governmental immunity to avoid liability under this section. Judgment against the District of Columbia shall not constitute a bar to action against any other person.
(July 29, 1970, 84 Stat. 626, Pub. L. 91-358, title II, § 210(a).)
Prior Codifications
1981 Ed., § 23-554.
1973 Ed., § 23-554.
Section References
This section is referenced in § 23-556.
Cross References
Return of property by Property Clerk, see § 5-119.06.
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter III - Wire Interception and Interception of Oral Communications › § 23–556. Relation to Federal law on wire interception and interception of oral communications

§ 23–556. Relation to Federal law on wire interception and interception of oral communications.
(a) Sections 23-542, 23-543, 23-545 [repealed], 23-553, 23-554, and 23-555 of this subchapter shall be construed to supplement, and not to supersede or otherwise limit, the provisions of chapter 119 of Title 18, United States Code (relating to wire interception and interception of oral communications).
(b) Sections 23-546, 23-547, 23-548, 23-549, 23-550, 23-551, and 23-552 of this subchapter shall be construed not to supersede or otherwise limit the provisions of chapter 119 of Title 18, United States Code, except in cases of irreconcilable conflict.
(July 29, 1970, 84 Stat. 627, Pub. L. 91-358, title II, § 210(a).)
Prior Codifications
1981 Ed., § 23-556.
1973 Ed., § 23-556.
References in Text
Section 23-545, referred to in subsection (a) of this section, was repealed by the Act of October 15, 1970, 84 Stat. 931, Pub. L. 91-452, § 252.
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter IV - Arrest Warrant and Summons › § 23–561. Issuance, form, and contents

§ 23–561. Issuance, form, and contents.
(a)(1) A judicial officer may issue a warrant for the arrest of any person upon a sworn complaint which states facts constituting an offense over which the judicial officer has jurisdiction for trial or preliminary examination, and establishing probable cause to believe that the person committed the offense. More than one warrant may issue on the same complaint.
(2) Upon request of the prosecutor, a summons shall issue instead of an arrest warrant. More than one summons may issue on the same complaint. If a person fails to appear in response to a summons, a warrant shall issue for his arrest.
(b)(1) An arrest warrant shall be signed by the judicial officer and shall state or contain the name of the issuing court, the date of issuance of the warrant, a description of the offense charged, and the name of the person to be arrested or, if his name is unknown, any name or description by which he can be identified with reasonable certainty. It shall command that the person be arrested and brought before the issuing court or officer.
(2) A summons shall be in the same form as an arrest warrant except that it shall summon the person named to appear before the issuing court or officer at a stated time and place.
(c) An arrest warrant may be directed to a specific law enforcement officer or to any classifications of officers of the Metropolitan Police of the District of Columbia or other agency authorized to make arrests or execute process.
(d) Each complaint shall be made in writing upon oath or affirmation. Except for good cause shown, no warrant shall be issued unless the complaint has been approved by an appropriate prosecutor.
(July 29, 1970, 84 Stat. 627, Pub. L. 91-358, title II, § 210(a); Oct. 26, 1974, 88 Stat. 1456, Pub. L. 93-481, § 4(e).)
Prior Codifications
1981 Ed., § 23-561.
1973 Ed., § 23-561.
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter V - Arrest Without Warrant › § 23–582. Arrests without warrant by other persons

§ 23–582. Arrests without warrant by other persons.
(a) A special policeman shall have the same powers as a law enforcement officer to arrest without warrant for offenses committed within premises to which his jurisdiction extends, and may arrest outside the premises on fresh pursuit for offenses committed on the premises.
(b) A private person may arrest another —
(1) who he has probable cause to believe is committing in his presence —
(A) a felony; or
(B) an offense enumerated in section 23-581(a)(2); or
(2) in aid of a law enforcement officer or special policeman, or other person authorized by law to make an arrest.
(c) Any person making an arrest pursuant to this section shall deliver the person arrested to a law enforcement officer without unreasonable delay.
(July 29, 1970, 84 Stat. 630, Pub. L. 91-358, title II, § 210(a); Apr. 30, 1988, D.C. Law 7-104, § 7(e), 35 DCR 147.)
Prior Codifications
1981 Ed., § 23-582.
1973 Ed., § 23-582.
Section References
This section is referenced in § 23-562.
Cross References
Appointment and compensation of special policemen, see § 5-129.02.
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter V - Arrest Without Warrant › § 23–583. Processing arrests

§ 23–583. Processing arrests.
Unless a person is not eligible for release under § 23-584, a person shall not be detained pending his or her first appearance before a judicial officer if he or she agrees to appear in court and abide by conditions set pursuant to § 23-584(d)(1), if any.
(Apr. 24, 2015, D. C. Law 20-243, § 2(a)(4), 61 DCR 8320.)
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter V - Arrest Without Warrant › § 23–585. Violation of condition of release on citation; failure to appear

§ 23–585. Violation of condition of release on citation; failure to appear.
(a) A person who knowingly fails to abide by a condition of release on citation issued pursuant to § 23-584(d)(1) before his or her first appearance before a judicial officer shall be taken into custody in accordance with § 23-581 and presented before a judicial officer.
(b) A person who, having been released on a citation issued pursuant to § 23-584 or having posted bond pursuant to § 23-1110, willfully fails to appear as required shall:
(1) If the offense is a misdemeanor, be fined or imprisoned for not more than the maximum provided for the offense for which such citation was issued; or
(2) If the offense is a felony, be fined not more than $5,000 and imprisoned for not more than 5 years, or both.
(3) For the purposes of this section, [§  22-357.01] shall not apply.
(Apr. 24, 2015, D.C. Law 20-243, § 2(a)(4), 61 DCR 8320.)
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 5 - Warrants and Arrests › Subchapter VI - Authority to Break and Enter Under Certain Conditions › § 23–591. Authority to break and enter under certain conditions. [Repealed]

§ 23–591. Authority to break and enter under certain conditions. [Repealed]
Repealed.
(Oct. 26, 1974, 88 Stat. 1455, Pub. L. 93-481, § 4(a); Jan. 3, 1975, 88 Stat. 2178, Pub. L. 93-635, § 16.)
Prior Codifications
1981 Ed., § 23-591.
Cross References
Criminal cases, plan for furnishing representation of indigents, violations of this chapter, see § 11-2601.
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 7 - Extradition and Fugitives from Justice › § 23–701. Warrants for the arrest of fugitives from justice

§ 23–701. Warrants for the arrest of fugitives from justice.
Whenever any person who is (1) within the District of Columbia, (2) charged with any offense committed in any State, and (3) liable by the Constitution and laws of the United States to be delivered over upon the demand of the Governor of that State, any judge of the Superior Court may, upon complaint on oath or affirmation of any credible witness, setting forth the offense, that the person is a fugitive from justice, and such other matters as are necessary to bring the case within the provisions of law, issue a warrant to bring the person so charged before the Superior Court, to answer the complaint.
(July 29, 1970, 84 Stat. 631, Pub. L. 91-358, title II, § 210(a).)
Prior Codifications
1981 Ed., § 23-701.
1973 Ed., § 23-701.
Section References
This section is referenced in § 16-803.01 and § 23-702.
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 7 - Extradition and Fugitives from Justice › § 23–703. Failure to appear

§ 23–703. Failure to appear.
Any person released pursuant to section 23-702 who fails to appear as required shall be punished by a fine of not more than the amount set forth in [§ 22-3571.01] or imprisonment for not more than five years, or both.
(July 29, 1970, 84 Stat. 632, Pub. L. 91-358, title II, § 210(a); June 11, 2013, D.C. Law 19-317, § 283(c), 60 DCR 2064.)
Prior Codifications
1981 Ed., § 23-703.
1973 Ed., § 23-703.
Effect of Amendments
The 2013 amendment by D.C. Law 19-317 substituted “of not more than the amount set forth in [§ 22-3571.01]” for “not exceeding $5,000”.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 283(c) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
Editor's Notes
Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 7 - Extradition and Fugitives from Justice › § 23–705. Removal proceedings and returns to foreign countries not affected

§ 23–705. Removal proceedings and returns to foreign countries not affected.
Nothing contained in this chapter shall repeal, modify, or in any way affect existing law concerning the procedure for the return of any person apprehended in the District of Columbia to a Federal judicial district to answer a Federal charge, or repeal, modify, or affect existing law or treaty concerning the return to a foreign country of a person apprehended or detained in the District of Columbia as a fugitive from a foreign country.
(July 29, 1970, 84 Stat. 633, Pub. L. 91-358, title II, § 210(a).)
Prior Codifications
1981 Ed., § 23-705.
1973 Ed., § 23-705.
2023 District of Columbia Code › Title 23 - Criminal Procedure. [Enacted title] › Chapter 7 - Extradition and Fugitives from Justice › § 23–706. Confinement

§ 23–706. Confinement.
(a) The agent of the demanding State to whom the prisoner may have been delivered in accordance with the provisions of section 23-704, may, when necessary, confine the prisoner in a facility of the District of Columbia Department of Corrections, and the Department of Corrections must receive and safely keep the prisoner for such reasonable time as will enable the officer or person having charge of him to proceed on his route, such officer or person being chargeable with the expense of keeping.
(b) The officer or agent of a demanding State to whom a prisoner may have been delivered following extradition proceedings in another State, or to whom a prisoner may have been delivered after waiving extradition in the other State, and who is passing through the District of Columbia with a prisoner for the purpose of immediately returning the prisoner to the demanding State, may, when necessary, confine the prisoner in a facility of the Department of Corrections. The Department of Corrections must receive and safely keep the prisoner for such reasonable time as will enable the officer or agent to proceed on his route, such officer or agent being chargeable with the expense of keeping. That officer or agent shall produce and show to the Department of Corrections satisfactory written evidence of the fact that he is actually transporting the prisoner to the demanding State after a requisition by the executive authority of the demanding State. The prisoner shall not be entitled to demand a new requisition while in the District of Columbia.
(July 29, 1970, 84 Stat. 633, Pub. L. 91-358, title II, § 210(a).)
Prior Codifications
1981 Ed., § 23-706.
1973 Ed., § 23-706.