A bill to limit governmental search and seizure of materials possessed by persons involved in First Amendment Activities, to provide a remedy for persons aggrieved by violations of the provisions of this Act, and for other purposes.
Documentary Materials Privacy Protection Act of 1980 - Prohibits a government officer or employee from searching for or seizing, in connection with a criminal investigation, work product materials or documentary materials (other than a work product) possessed by a person in connection with the public dissemination of a newspaper, book, broadcast, or other similar form of public communication in or affecting commerce.
Specifies exceptions to such prohibitions, including that there is: (1) probable cause to believe that the person possessing the materials has committed the offense to which the materials relate; or (2) reason to believe that the immediate seizure of the materials is necessary to prevent death or serious bodily injury.
Makes this Act inapplicable to enforcement of the customs laws.
Establishes a cause of action under the Federal Tort Claims Act for violations of this Act by a Federal officer or employee.
=Title II: Attorney General Guidelines= - Directs the Attorney General to issue guidelines within six months of enactment for the procedures to be employed by a Federal employee to obtain, in connection with the investigation of a criminal offense, documentary materials in the private possession of a person not reasonably believed to be a suspect in such offense, when such materials are not contraband or the fruits of an offense.
Requires the following factors to be incorporated in such guidelines: (1) recognition of the personal privacy interests of the person; (2) a requirement that the least intrusive method of obtaining the materials be used which does not substantially jeopardize their availability; (3) recognition of special concern for privacy interests in cases involving confidential relationships; and (4) a requirement that an application for a search warrant be approved by a Government attorney. Directs the Attorney General to report annually to the congressional judiciary committees on the use of search warrants by Federal employees in cases involving confidential relationships.
Referred to Senate Committee on the Judiciary.
Introduced in House
Introduced in House
Referred to House Committee on the Judiciary.
Reported to House from the Committee on the Judiciary with amendment, H. Rept. 96-1064.
Reported to House from the Committee on the Judiciary with amendment, H. Rept. 96-1064.
Measure called up under motion to suspend rules and pass in House.
Measure considered in House.
Passed/agreed to in House: Measure passed House, amended.
Measure passed House, amended.
Measure laid on table in House, S. 1790 passed in lieu.
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