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611

"SUBCHAPTER I—GENERAL PROVISIONS "§23-^01. Prosecution by indictment or information "An offense prosecuted in the Superior Court which may be punished by death shall be prosecuted by indictment returned by a grand jury. An offense which may be punished by imprisonment for a term exceeding one year shall be prosecuted by indictment, but it may be prosecuted by information if the defendant, after he has been advised of the nature of the charge and of his rights, waives in open court prosecution by indictment. Any other offense may be prosecuted by indictment or by information. An information subscribed by the proper prosecuting officer may be filed without leave of court. "SUBCHAPTER II—JOINDER "§23-311. Joinder of offenses and of defendants " (a) Two or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies or misdemeanors or both, are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan. " (b) Two or more offenses may be charged in the same indictment or information as provided in subsection (a) even though one or more is in violation of the laws of the United States and another is in violation of the laws applicable exclusively to the District of Columbia and may be prosecuted as provided in section 11-502(3). "(c) Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or m the same series of acts or transactions constituting an offense or offenses. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count. "§23-312. Joinder of indictments or informations for trial "The court may order two or more indictments or informations or both to be tried together if the offenses, and the defendants if there is more than one, could have been joined in a single indictment or information. The procedure shall be the same as if the prosecution were under such single indictment or information. "§ 23-313. Relief from prejudicial joinder "If it appears that a defendant or the government is prejudiced by a joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court may order an election or separate trials of counts, ^rant a severance of defendants, or provide whatever other relief justice requires. In ruling on a motion by a defendant for severance the court may order the attorney for the government to deliver to the court for inspection in camera any statements or confessions made by the defendants which the government intends to introduce in evidence at the trial. "§23-314. Joinder of inconsistent offenses concerning the same property "An indictment or information may contain a count for larceny, a count for obtaining the same property by false pretenses, a count for embezzlement thereof, and a count for receiving or concealing the same property, knowing it to be stolen or embezzled, or any of such counts, and the jury may convict of any of such offenses, and may find any or all of the persons indicted guilty of any of said offenses.

Ante, p. 477.

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"SUBCHAPTER III—SUFFICIENCY "§ 23-321. Description of money " I n every indictment or information, except for forgery, in which it is necessary to make an averment as to any money or bank bill or notes, United States Treasury notes, postal and fractional currency, or other bills, bonds, or notes, issued by lawful authority and intended to pass and circulate as money, it shall be sufficient to describe such money, bills, notes, currency, or bonds simply as money, without specifying any particular coin, note, bill, or bond; and such allegation shall be sustained by proof that the accused has stolen or embezzled any amount of coin, or any such note, bill, currency, or bond, although the articular amount or species of such coin, note, bill, currency, or bond e not proved. "§23-322. Intent to defraud " I n an indictment or information in which it is necessary to allege an intent to defraud, it shall be sufficient to allege that the party accused did the act complained of with intent to defraud, without alleging an intent to defraud any particular person or body corporate. On the trial of such an indictment or information it shall not be necessary to prove an intent to defraud any particular person, but it shall be sufficient to prove a general intent to defraud. "§ 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 as"signed; 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 comijfitted; any law, usage, or custom to the contrary notwithstanding.

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"§23-324. Subordination 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. "Chapter 5.—WARRANTS A N D ARRESTS "SUBCHAPTER I—DEFINITIONS "Sec.

"23-501. Definitions. "23-521. "28-522. "23-523. "23-524. "23-525.

"SUBCHAPTER II—SEARCH WARRANTS Nature and issuance of search warants. Applications for search warrants. Time of execution of search warrants. Execution of search warrants. Disposition of property.

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"SUBCHAPTER III—AVIRE INTERCEPTION AND INTERCEI'TION OF ORAL COMMUNICATIONS "Sec. "23-541. Definitions. "23-542. Interception, disclosure, and use of wire or oral communications prohibited. "23-543. Possession, sale, distribution, manufacture, assembly, and advertising of wire or oral communication intercepting devices prohibited. "23-544. Confiscation of wire or oral communication intercepting devices. "23-545. Immunity of witnesses. "23-546. Applications for authorization or approval of interception of wire or oral communications. "23-547. Procedure for authorization or approval of interception of wire or oral communications. "23-548. Additional procedure for approval of interception of wire or oral communications. "23-549. Maintenance and custody of records. "23-550. Inventory. "23-551. Procedure for disclosure and suppression of intercepted wire or oral communications. "23-552. Government appeals. "23-553. Authorization for disclosure and use of intercepted wire or oral communications. "23-554. Authorization for recovery of civil damages. "23-555. Reports concerning intercepted wire or oral communications. "23-556. Relation to Federal law on wire interception and interception of oral communications. "SUBCHAPTER IV—ARREST WARRANT AND SUMMONS "23-561. Issuance, form, and contents. "23-562. Execution and return. "23-563. Territorial and other limits. "SUBCHAPTER V—ARREST WITHOUT WARRANT "23-581. Arrests without warrant by law enforcement oflScers. "23-582. Arrests without warrant by other persons. "SUBCHAPTER VI—AUTHORITY TO BREAK AND ENTER UNDER CERTAIN CONDITIONS "23-591. Authority to break and enter under certain conditions. "SUBCHAPTER I—DEFINITIONS "§ 23-501. Definitions "As used in subchapters II, IV, and V of this chapter— " (1) The term 'judicial officer' means a judge of the Superior Court of the District of Columbia or of the United States District Court for the District of Columbia, or a United States commissioner or magistrate for the District of Columbia. " (2) The term 'law enforcement officer' means an officer or member of the Metropolitan Police Department of the District of Columbia or of any other police force operating in the District of Columbia, or an investigative officer or agent of the United States. " (3) The term 'prosecutor' means the United States Attorney for the District of Columbia or his assistant, the Corporation Counsel of the District of Columbia or his assistant, or an attorney employed by, and who has entered an appearance on behalf of, the United States or the District of Columbia in a criminal case or in an investigation being conducted by a grand jury.

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"SUBCHAPTER II—SEARCH WARRANTS

Post, p. 630.

"§23-521. Nature and issuance of search warrants " (a) Under circumstances described in this subchapter, a judicial officer may issue a search warrant upon application of a law enforcement officer or prosecutor. A warrant may authorize a search to be conducted anywhere in the District of Columbia and may be executed pursuant to its terms. "(b) A search warrant may direct a search of any or all of the following: "(1) one or more designated or described places or premises; "(2) one or more designated or described vehicles; "(3) one or more designated or described physical objects; or "(4) designated persons. "(c) A search warrant may direct the seizure of designated property or kinds of property, and the seizure may include, to such extent as is reasonable under all the circumstances, taking physical or other impressions, or performing chemical, scientific, or other tests or experiments of, from, or upon designated premises, vehicles, or objects. " (d) Property is subject to seizure pursuant to a search warrant if there is probable cause to believe that it— "(1) is stolen or embezzled; "(2) is contraband or otherwise illegally possessed; "(3) has been used or is possessed for the purpose of being used, or is designed or intended to be used, to commit or conceal the commission of a criminal offense; or "(4) constitutes evidence of or tends to demonstrate the commission of an offense or the identity of a person participating in the commission of an offense. "(e) A search warrant may be addressed to a specific law enforcement officer or to any classification of officers of the Metropolitan Police Department of the District of Columbia or other agency authorized to make arrests or execute process in the District of Columbia. "(f) A search warrant shall contain— "(1) the name of the issuing court, the name and signature of the issuing judicial officer, and the date of issuance; " (2) if the warrant is addressed to a specific officer, the name of that officer, otherwise, the classifications of officers to whom the warrant is addressed; "(3) a designation of the premises, vehicles, objects, or persons to be searched, sufficient for certainty of identification; "(4) a description of the property whose seizure is the object of the warrant; " (5) a direction that the warrant be executed during the hours of daylight or, where the judicial officer has found cause therefor, including one of the grounds set forth in section 23-522(c)(1), an authorization for execution at any time of day or night; "(6) where the judicial officer has found cause therefor, including one of the grounds set forth in subparagraph (A), (B). or (J)) of section 23-591 (c)(2), an authorization that the executing officer may break and enter the dwelling house or other building or vehicles to be searched without giving notice of his identity and purpose; and "(7) a direction that the warrant and an inventory of any property seized pursuant thereto be returned to the court on the next court day after its execution.

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"§23-522. Applicatians for search warrants " (a) Each application for a search warrant shall be made in writing upon oath or affirmation to a judicial officer. '' (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— "(1) 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 (A) it cannot be executed during the hours of daylight, (B) the property sought is likely to be removed or destroyed if not seized forthwith, or (C) the property sought is not likely to be found except at certain times or in certain circumstances; and "(2) a request that the search warrant authorize the executing officer to break and enter dwelling houses or other buildings or vehicles to be searched without giving notice of his identity and purpose, upon probable cause to believe that one of the conditions set forth in subparagraph (A), (B), or (D) of section 23-591 (c)(2) is likely to exist at the time and place at which such warrant is to be executed. Any request made pursuant to this subsection must be accompanied and supported by allegations of fact supporting such request. "§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)(7). " (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. "§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 23-591. " (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. Code, sec. 22-505) (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. 47-348 O - 72 - 43 (K. 1)

615

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" (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. " (r) 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. "§23-525. Disposition of property "An officer or agent 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 or one of their assistants. " SUBCHAPTER III — W I R E I N T E R C E P T I O N AND I N T E R C E P T I O N O FOR A L COMMUNICATIONS "§23-541. Definitions "As used in this subchapter— "(1) the term 'wire communication' means any communication made in whole or in part through the use of facilities for the trans»^iission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception furnished or operated by any person engaged as a common carrier in providing or operating such facilities; "(2) the term 'oral communication' means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation; " (3) the term 'intercept' means the aural acquisition of the contents of any wire or oral communication through the use of any intercepting device; "(4) the term 'intercepting device' means any electronic, mechanical, or other device or apparatus which can be used to intercept a wire or oral communication other than— "(A^ any telephone or telegraph instrument, equipment, or facility, or any component thereof, (i) furnished to the subscriber or user by a communications common carrier in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business; or (ii)

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being used by a communications common carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties; or " (B) a hearing aid or similar device being used to correct subnormal hearing to not better than normal; "(5) the term 'investigative or law enforcement officer" means any officer of the United States or of the District of Columbia who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this subchapter, and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; "(6) the term 'contents', when used with respect to any wire or oral communication, includes any information concerning the identity of the parties to the communication or the existence, substance, purport, or meaning of that communication; " (7) the term 'judge' means a judge of the Superior Court of the District of Columbia, a judge of the District of Columbia Court of Appeals, a judge of the United States District Court for the District of Columbia, and a judge of the United States Court of Appeals for the District of Columbia circuit; "(8) the term 'judge of competent jurisdiction' means, in addition to the judges included in paragraph (7)— " (A) a judge of a United States district court or a United States court of appeals not in the District of Columbia; and " (B) a judge of any court of general criminal jurisdiction of a State who is authorized by a statute of that State to enter orders authorizing interceptions of wire or oral communications; "(9) the term 'aggrieved person' means a person who was a party to any intercepted wire or oral communication or a person against whom the interception was directed; "(10) the term 'communication common carrier' has the same meaning which is given the term 'common carrier' by section 3(h) of the Communications Act of 1934 (47 U.S.C. 153 (h)): and "(11) the term 'United States attorney' means the United States attorney for the District of Columbia or any of his assistants designated by him or otherwise designated by law to act in his place for the particular purpose in question. "§ 23-542. Interception, disclosure, and use of wire or oral communications prohibited " (a) Except as otherwise specifically provided in this subchapter, any person who in the District of Columbia— "(1) willfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire or oral communication; "(2) willfully discloses or endeavors to disclose to any other person the contents of any wire or oral communication, or evidence derived therefrom, knowing or having reason to know that the information was obtained through the interception of a wire or oral communication; or " (3) willfully uses or endeavors to use the contents of any wire or oral communication, or evidence derived therefrom, knowing or having reason to know, that the information was obtained through the interception of a wire or oral communication; shall be fined not more than $10,000 or imprisoned not more than five years, or both; except that paragraphs (2) and (3) of this subsection

617

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shall not apply to the contents of any wire or oral communication, or evidence derived therefrom, that has become common knowledge or public information. " (b) I t shall not be unlawful under this section for— "(1) an operator of a switchboard, or an officer, agent, or employee of a communication common carrier, whose facilities are used in the transmission of a wire communication, to intercept, disclose, or use that communication, in the normal course of his employment while engaged in any activity which is a necessary incident to the rendering of his service or to the protection of the rights or property of the carrier of such communication, or to provide information, facilities, or technical assistance to an investigative or law enforcement officer who, under this subchapter, is authorized to intercept a wire or oral communication, but no communication common carrier shall utilize service observing or random monitoring except for mechanical or service quality control checks; "(2) a person acting under color of law to intercept a wire or oral communication, where such person is a party to the communication, or where one of the parties to the communication has given prior consent to such interception; or "(3) a person not acting under color of law to intercept a wire or oral communication, where such person is a party to the communication, or where one of the parties to the communication has given prior consent to such interception, unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States, any State, or the District of Columbia, or for the purpose of committing any other injurious act. ^§23-543. Possession, sale, distribution, manufacture, assembly, and advertising of wire or oral communication inter' cepting 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 us"eful 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 tor 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 $10,000 or imprisoned not more than five years, or both. " (b) I t 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;

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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. "§ 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 Commissioner, 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. "§23-545. Immunity of witnesses " (a) Whenever a witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information in a proceeding before a court or grand jury in the District of Columbia involving any violation of this subchapter and the person presiding over the proceeding communicates to the witness an order issued under this section, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination. But no testimony or other information compelled under the order issued under subsection (b) of this section, or any information obtained by the exploitation of such testimony or other information, may be used against the witness in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order. " (b) In the case of any individual who has been or may be called to testify or provide other information at any proceeding before a court or grand jury in the District of Columbia, the court before which the proceeding is or may be held shall issue, upon the request of the United States attorney, an order requiring such individual to give any testimony or provide any other information which he refuses to give or provide on the basis of his privilege against self-incrimination. "(c) The United States attorney may, with the approval of the Attorney General or the Deputy Attorney General, or any Assistant Attorney General designated by the Attorney General, request an order under subsection (b) when in the judgment of the United States attorney— "(1) the testimony or other information from such individual may be necessary to the public interest; and

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31 Stat. 1323. 81 Stat. 736. 79 Stat, 1307. 52 Stat. 198. 67 Stat. 95. 61 Stat. 313. ^^ c!^!" til' si S t 34?" 81 Stat! 736. 67 Stat! 98.' 81 Stat. 737. 32 Stat. 591. 49 Stat. 1143

82 Stat. 238.

52 ftat^. 787;

70 Stat. 618

70 Stat. 613

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[84 STAT.

"(2) such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination. "§23-546. Applications for authorization or approval of interception of wire or oral communications "(a) The United States attorney may authorize, in writing, any investigative or law enforcement officer to make application to a court for an order authorizing the interception of wire or oral communications, "(b) The United States attorney may authorize, in writing, any investigative or law enforcement officer to make application to a court for an order of approval of the previous interception of any wire or oral communication, when the contents of such communication— "(1) relate to an offense other than that specified in an order of authorization; " (2) were intercepted in an emergency situation; or "(3) were intercepted in an emergency situation and relate to an offense other than that contemplated at the time the interception was made, "(c) An application for an order of authorization (as provided in subsection (a) of this section) or of approval (as provided in paragraph (2) of subsection (b) of this section) may be authorized only when the interception of wire or oral communications may provide or has provided evidence of the commission of or a conspiracy to commit any of the following offenses: "(1) Any of the offenses specified in the Act entitled 'An Act to establish a code of law for the District of Columbia', approved March 3, 1901, and listed in the following table: "Offense: Specified in— Arson sections 820, 821 (D.C. Code, secs. 22-401, 22-402). Blackmail section 819 (D.C. Code, sec. 22-2305). Bribery section 861 (D.C. Code, sec. 22-701). Burglary section 823 (D.C. Code, sec. 22-1801). Destruction of property of value section 848 (D.C. Code, sec. 22-403). in excess of $200. Gambling sections 863, 866, 869e, (D.C. Code, sees. 22-1-501, 22-1505, 22-1513). Grand larceny_ section 826 (D.C, Code, sec. 22-2201), Kidnapping section 812 (D.C. Code, sec. 22-2101). Murder sections 798, 800 (D.C. Code, sees, 22-2401, 22-2403). Obstruction of justice section 862 (D.C. Code, sec. 22-703). Receiving stolen property of value section 829 (D.C. Code, sec. 22-2205). in excess of $100. Robbery section 810 (D.C. Code, sec. 22-2901). "(2) Bribery as specified (A) in the second paragraph under the center heading 'General Expenses' in the first section of the Act of July 1, 1902 (D.C. Code, sec. 22-702), and (B) in the Act of February 26, 1986 ( D.C. Code, sec. 22-704). "(3) Extortion and threats as specified in sections 1501 and 1502 of the Omnibus Crime Control and Safe Streets Act of 1968 (D.C. Code, secs. 22-2306, 22-2307). "(4) Offenses involving dealing in narcotic drugs, marihuana, and other dangerous drugs as sj^ecified in sections 2 and 16 of the Uniform Narcotic Drug Act (D.C. Code, secs. 33-402, 33-416) and section 203 of the Dangerous Drug Act for the District of Columbia (D.C. Code, sec. 33-702).

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"§23-547. Procedure for authorization or approval of interception of wire or oral communications " (a) Each application for an order authorizing or approving the interception of a wire or oral communication shall be made in writing upon oath or affirmation to a judge and shall state the applicant's authority to make the application. Each application shall include— "(1) the identity of the investigative or law enforcement officer making the application, and the officer authorizing the application; . "(2) a full and complete statement of the facts and circumstances relied upon by the applicant to justify his belief that an order should be issued, including (A) details as to the particular offense that has been, is being, or is about to be committed, (B) a particular description of the nature and location of the facilities from which or the place where the communication is to be or was intercepted, (C) a particular description of the type of communications sought to be or which were intercepted, and (D) the identity of the person, if known, who committed, is committing, or is about to commit the oifense and whose communications are to be or were intercepted; "(3) a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear or appeared to be unlikely to succeed if tried or to be too dangerous; "(4) a statement of the period of time for which the interception is or was required to be maintained, and if the nature of the investigation is or was such that the authorization for interception should not automatically terminate or should not have automatically terminated when the described type of communication has been or was first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will or would occur thereafter; "(5) a full and complete statement of the facts concerning all previous applications, known to the individual authorizing or making the application, made to any judge for authorization to intercept, or for approval of interceptions of, wire or oral communications involving any of the same persons, facilities, or places specified in the application, and the action taken by the judge on each such application; and "(6) where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain results. "(b) The judge may require the applicant to furnish additional testimony or documentary evidence in support of the application. "(c) Upon application the judge may enter an ex parte order, as requested or as modified, authorizing or approving interception of wire or oral communications within the District of Columbia, if the judge determines on the basis of the facts submitted by the applicant "(1) there is or was probable cause for belief that the person whose communication is to be or was intercepted is or was committing, has committed, or is about to commit a particular offense enumerated in section 28-546; "(2) there is or was probable cause for belief that particular communications concerning that offense will or would be obtained through the interception; "(3) normal investigative procedures have or would have been tried and have or had failed or reasonably appear or appeared to be unlikely to succeed if tried or to be too dangerous- and

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[84 STAT.

"(4) there is or was probable cause for belief that the facilities from which, or the place where, the wire or oral communications are to be or were intercepted were used, are being used, or are about to be used, in connection with the commission of the offense, or are or were leased to, listed in the name of, or commonly used by the person referred to in paragraph (1). " (d) If the facilities from which a wire communication is to be or was intercepted are or were being used by, are or were about to be used by, or are or were leased to, listed in the name of, or commonly used by, a licensed physician, a licensed attorney, or practicing clergyman, or if the place where an oral communication is to be or was intercepted is or was a place used primarily for habitation by a husband and wife or primarily by a licensed physician, licensed attorney, or practicing clergyman for his own professional purposes, no order authorizing or approving such interception may be issued unless the court, in addition to the matters provided in subsection (c) of this section, determines that— "(1) such facilities or place are or were being used or are or were about to be used in connection with conspiratorial activities characteristic of organized crime; and "(2) such interceptions will be so conducted as to minimize or eliminate the number of interceptions of privileged wire or oral communications between licensed physicians and patients, licensed attorneys and clients, practicing clergymen and confidants, and husbands and wives. No otherwise privileged wire or oral communication intercepted in accordance w'ith, or in violation of, the provisions of this subchapter shall lose its privileged character. "(e) Each order authorizing or approving the interception of any wire or oral communication shall specify— " (1) the identity of the person, if Imown, or otherwise a particular description of the person, if known, whose communications are to be or were intercepted; "(2) the nature and location of the communication facilities as to which, or the place where, authority to intercept or any approval of interception is or was granted; "(3) a particular description of the type of communication sought to be or which was intercepted, and a statement of the particular offense to which it relates; " (4) the identity of the agency authorized to intercept or whose interception is approved, and of the person authorizing the application; and "(5) the period of time during or for which the interception is authorized or approved, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained. " (f) An order authorizing the interception of a wire or oral communication shall, upon request of the applicant, direct that a communication common carrier, landlord, custodian, or other person shall furnish the applicant forthwith all information, facilities, or technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such carrier, landlord, custodian, or person is according the person whose communications are to be intercepted. Any communication common carrier, landlord, custodian, or other person furnishing such facilities or technical assistance shall be compensated therefore by the applicant at the prevailing rates.

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" (g) No order entered under this section may authorize or approve the interception of any wire or oral communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than thirty days. Extensions of an order may be granted, but only upon application for an extension made in accordance with subsection (a) of this section and the court making the findings required by subsection (c) of this section. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than thirty days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize or eliminate the interception of communications not otherwise subject to interception under this subchapter, and must terminate upon attainment of the authorized objective, or in any event in thirty days. " (h) Wlienever an order authorizing interception is entered pursuant to this subchapter, the order may require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Reports shall be made at such intervals as the judge may require. " § 2 ^ 5 4 8. 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.

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"§ 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 snail 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 juri'^diction 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. "§23-550. Inventory " (a) Within a reasonable time but not later than ninety daj^s after the filing of an application for an order of approval under section 2 3 548 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 interest 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. "§ 23-55.1. Procedure for disclosure and supression 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

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"(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, agenc;^, 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 subsection (i) of this section 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. "§23-552. Government appeals " I n 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. "§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.

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"Person."

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[84 STAT.

" (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. " (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 legisltaive authorization shall constitute a complete defense to an action brought under this section or any other law. against the District of Columbia shall not constitute a bar to action against any other person. "§ 23-555. Reports concerning intercepted wire or oral communications " (a) Within thirty days after the expiration of an order or an extension entered under section 23-547 or 23-548 or the denial of an order of approval, the issuing or denying court shall report to the chief judge of the District of Columbia of Appeals— " (1) that an order or extension was applied for; " (2) the kind of order or extension applied for; "(3) if the order or extension was granted as applied for, was modified, or was denied; "(4) the period of the interceptions authorized by the order, and the number and duration of any extensions of the order; "(5) the offense specified in the order or application, or extension of an order; "(6) the identity of the applying investigative or law enforcement officer, the agency making the application, and the person authorizing the application; and " (7) the character and location of the facilities from which and the place where communications were (and were to be) intercepted. " (b) In January of each year the United States Attorney for the District of Columbia shall report to the Congress of the United States and the chief judge of the District of Columbia Court of Appeals— "(1) the information required by paragraphs (1) through (7) of subsection (a) of this section with respect to each application for an order or extension made during the immediately preceding calendar year; " (2) a general description of the interceptions made under such order or extension, including— " (A) the approximate character and frequency of incriminating communications intercepted;
 * § 23-554. Authorization for recovery of civil damages
 * 4^p^ ^ g ygg^j jj^ |-]^jg gection, 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

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" (B) the approximate character and frequency of other communications intercepted; " (C) the approximate number of persons whose communications were intercepted; and " (D) the approximate character, amount, and cost of the manpower and other resources used in the interceptions; "(3) the number of arrests resulting from interceptions made under such order or extension; "(4) the ojffenses for which the arrests were made; "(5) the number of trials resulting from such interceptions; "(6) the number of motions to suppress made with respect to such interceptions; "(7) the number of motions to suppress granted or denied; "(8) the number of convictions resulting from such interceptions; "(9) the offenses for which the convictions were obtained; "(10) a general assessment of the importance of the interceptions; and "(11) for purposes of comparison, the information required by paragraphs (2) through (10) of this subsection with respect to orders and extensions obtained in other preceding calendar years. "(c) Reports made pursuant to the section shall be made in accordance with regulations prescribed by the Director of the Administration Office of the United States Courts under section 2519(3) of title 18, United States Code. " (a) Sections 23-542, 23-543, 23-545, 23-553, 23-554, and 23555 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. " SUBCHAPTER IV — A R R E S T W A R R A N T AND SUMMONS ^'§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. If the complaint establishes probable cause to believe that one of the conditions set out in subparagraphs (A) through (D) of section 23-591 (c)(2) is likely to exist at the
 * § 23-556. Relation to Federal law on wire interception and interception of oral communications

627

82 Stat. 222.

18 USC 2510" 2520.

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82 Stat, 210.

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[84 STAT.

time and place at which such warrant is to be executed, the warrant may contain an authorization that it be executed as provided in section 23-591. "(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. "§23-562. Execution and return " (a)(1) A warrant issued pursuant to this subchapter shall be executed by the arrest of the person named. The officer need not have the warrant in his possession at the time of the arrest, but upon request he shall show the warrant to the person as soon as possible. If the officer does not have the warrant in his possession at the time of the arrest, he shall inform the person of the offense charged and of the fact that a warrant has been issued. " (2) A summons shall be served upon a person by delivering a copy to him personally, by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by mailing it to the person's last known address. "(b)(1) The officer executing a warrant shall make return thereof to the judicial officer before whom the person is brought for preliminary examination. At the request of the appropriate prosecutor, any unexecuted and unexpired warrant shall be returned to the issuing court or judicial officer and shall be canceled. "(2) On or before the return day the person to whom a summons was delivered for service shall make return thereof to the court or officer before whom the summons is returnable. "(3) At the request of the appropriate prosecutor made at any time while the complaint is pending, a warrant returned unexecuted and not canceled or expired or a summons returned unserved or a duplicate thereof may be delivered by the judicial officer to the marshal or other authorized person for execution or service. "(c)(1) A law enforcement officer within the District of Columbia making an arrest under a warrant issued pursuant to this subchapter, making an arrest without a warrant, or receiving a person arrested by a special policeman or other person pursuant to section 23-582, shall take the arrested person without unnecessary delay before the court or other judicial officer empowered to commit persons charged with the offense for which the arrest was made. This subsection, however, shall not be construed to conflict with or otherwise supersede section 3501 of title 18, United States Code. When a person arrested without a warrant is brought before a judicial officer, a complaint or information shall be filed forthwith. "(2) Before taking an arrested person to a judicial officer, a law enforcement officer may perform any recording, fingerprinting, photographing, or other preliminary police duties required in the particular case, and if such duties are performed with reasonable promptness, the period of time required therefor shall not constitute a delay within the meaning of this section. "§23-563. Territorial and other limits " (a) A warrant or summons for an offense punishable by imprisonment for more than one year issued by the Superior Court of the District of Columbia may be served at any place within the jurisdiction of the United States.

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"(b) A warrant or summons issued by the Superior Court of the District of Columbia for an offense punishable by imprisonment for not more than one year, or by a fine only, or hj such imprisonment and a fine, may be served in any place in the District of Columbia but may not be executed more than one year after the date of issuance. "(c) A person arrested outside the District of Columbia on a warrant issued by the Superior Court of the District of Columbia shall be taken before a judge, commissioner, or magistrate, and held to answer in the Superior Court pursuant to the Federal Eules of Criminal Procedure as if the warrant had been issued by the United States District Court for the District of Columbia. " (d) When an application alleges that (1) an act which would constitute a felony if committed by an adult has been committed by a child, (2) the child may not with due diligence be found within the District of Columbia, and (3) if the District of Columbia is a party to article X VII of the Interstate Compact on Juveniles, the child is not known to be in a jurisdiction which is a party to such article, a juvenile officer may secure a warrant for the arrest of the child as if he were an adult. When the child is brought before the issuing court or officer pursuant to the warrant he shall be ordered transferred to the Family Division of the Superior Court pursuant to section 16-2302. If the child is found in a jurisdiction which is a party to such article and if the District of Columbia is a party to such article, he shall be returned as provided in that article and the warrant shall be null and void.

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^^ "^^ ^P^'*

P°^t- ?• ees.

^"'^' P* ^^^'

"SUBCHAPTER V—ARREST W I T H O U T WARRANT "§23-581. A r r e s t s without warrant by law enforcement officers " (a)(1) A law enforcement officer may arrest, without a warrant having previously been issued therefor— " (A) a person whom he has probable cause to believe has committed or is committing a felony; " (B) a person whom he has probable cause to believe has committed or is committing an offense in his presence; " (C) a person whom he has probable cause to believe has committed or is about to commit any offense listed in paragraph (2) and, unless immediately arrested, may not be apprehended, may cause injury to others, or may tamper with, dispose of, or destroy evidence. "(2) The offenses referred to in subparagraph (C) of paragraph (1) are the following: " (A) The following offenses specified in the Act entitled 'An Act to establish a code of law for the District of Columbia', approved March 3, 1901, and listed in the following table: "Offense: Specified in— Assault section 806 (D.O. Code, sec. 22-504). Petit larceny section 827 (D.C. Code, sec. 22-2202). Receiving stolen goods section 829 (D.C. Code, sec. 22-2205). Unlawful entry section 824 (D.C. Code, sec. 22-3102). " (B) Attempts to commit the following offenses specified in such Act and listed in the following table: "Offense: Specified in— Burglary section 823 (D.C. Code, sec. 22-1801). Grand larceny section 826 (D.C. Code, sec. 22-2201). Unauthorized use of vehicles section 826b (D.C. Code, sec. 22-2204). "(b) A law enforcement officer may, even if his jurisdiction does not extend beyond the District of Columbia, continue beyond the District, if necessary, a pursuit commenced within the District of a person

^i Stat. 1322. ^° ^*^*' ^^^' 67 Stat. 98. 66 Stat. 766.

^^ ^*^t' ^^(i. ^^ ^'^'' ^2«. ^7 Stat. 656,

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who has committed an oifeiise or whom he has probable cause to belieAe has committed or is committing a felony, and may arrest that person in any State the laws of which contain provisions equivalent to those of section 23-901. "§23^5)82. 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) whom 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.

"SUBCHAPTER VI—AUTHORITY TO BREAK AXD ENTER UNDER CERTAIN CONDITIONS "§ 23r-5,91. Authority to break and enter under certain conditions " (a) Any officer authorized by law to make arrests, or to execute search warrants, or any person aiding such an officer, may break and enter any premises, any outer or inner door or window of a dwelling house or other building, or any part thereof, any vehicle, or anything within such dwelling house, Duilding, or vehicle, or otherwise enter to execute search or arrest warrants, to make an arrest where authorized by law without a warrant, or where necessary to liberate himself or a person aiding him in the execution of such warrant or in making such arrest. " (b) Breaking and entry shall not be made until after such officer or person makes an announcement of his identity and purpose and the officer reasonably believes that admittance to the dwelling house or other building or vehicle is being denied or unreasonably delayed. " (c) An announcement of identity and purpose shall not be required prior to such breaking and entry— "(1) if the warrant expressly authorizes breaking and entry without such a prior announcement, or "(2) if circumstances known to such officer or person at the time of breaking and entry, but, in the case of the execution of a warrant, unknown to the applicant when applying for such warrant, give him probable cause to believe that— " (A) such notice is likely to result in the evidence subject to seizure being easily and quickly destroyed or disposed of, " (B) such notice is likely to endanger the life or safety of the officer or another person, " (C) such notice is likely to enable the party to be arrested to escape, or " (D) such notice would be a useless gesture. " (d) Whoever, after notice is given under subsection (b) or after entry where such notice is unnecessary under subsection (c), destroys, conceals, disposes of, or attempts to destroy, conceal, or dispose of, or

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otherwise prevents or attempts to prevent the seizure of, evidence subject to seizure shall be fined not more than $5,000 or imprisoned for Penalty. not more than 5 years, or both. " (e) As used in this section and in subchapters II and IV, the terms ^nt^/f,^^.^^'i,^^. 'break and enter' and 'breaking and entering' include any use of fng^nd ent7r'.' ' physical force or violence or other unauthorized entry but do not i"g'" include entry obtained by trick or strategem. "Chapter 7.—EXTRADITION A N D FUGITIVES FROM JUSTICE "Sec.

"23-701. "23-702. "23-703. "23-704. "23-705. "23-706. "23-707.

Warrants for the arrest of fugitives from justice. Procedure on arrest of fugitives. Failure to appear. Extradition. Removal proceedings and returns to foreign countries not affected. Confinement. Definitions.

"§ 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 aifirmation 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. "§23-702. Procedure on arrest of fugitives " (a) Any person arrested upon a warrant issued pursuant to section 23-701, or arrested within the District of Columbia as a fugitive from justice without a warrant having been issued, shall be taken before the Criminal Division of the Superior Court for preliminary examination on a complaint charging him as a fugitive. "(b) If, upon the examination of the person charged, it shall appear to the court that there is reasonable cause to believe that the complaint is true and that the person may be lawfully demanded of the chief judge, the person shall be detained or released according to law, in like manner as if the offense had been committed in the District of Columbia, to appear before the court at a future date, allowing thirty days to obtain a requisition from the Governor of the State from which the person is a fugitive. The complaint of fugitivity from another jurisdiction shall create a presumption that the person is unlikely to appear if released, which may be overcome only by clear and convincing proof. "(c) If the person so released or detained shall appear before the court upon the day ordered, he shall be discharged, unless he shall be demanded by requisition, pursuant to subsection (g) of this section or section 23-704, or unless the court shall find cause to detain or to release him as provided by subsection (b) until a later day; but regardless of whether the person shall be detained or released as provided in subsection (b) or discharged, his delivery to any person authorized by the warrant of the Governor shall be a discharge of any bond or obligation. " (d) The Chief of Police of the Metropolitan Police Department shall give notice to the police official or sheriff of the city or county from which the person is a fugitive that the person is so held in the District of Columbia.

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"(e) A person detained as provided by this section shall not be detained in jail longer than to allow a reasonable time for the person receiving the notice required by subsection (d) to apply for and obtain a proper requisition for the person detained according to the circumstances of the case and the distance of the place where the offense is alleged to have been committed. "(f)(1) At any time prior to the filing o^ a requisition, a person arrested pursuant to this section may in open court waive further proceedings pursuant to this chapter. "(2) Following waiver, a judge of the Superior Court may, in his discretion, if the United States attorney consents, release the person upon such conditions as the judge shall deem necessary to insure his appearance before the proper official in the State from which he is a fugitive, and shall otherwise order his return to the jurisdiction of that State in the custody of a proper official. "(3) Following waiver, a person not released pursuant to paragraph (2) of this subsection shall be ordered to return to the jurisdiction from which he is a fugitive in the custody of a proper official, and may be detained to await return. "(4) A person detained pursuant to paragraph (3) for more than three days (not including Saturdays, Sundays, and holidays) shall be returned to the court and shall thereupon be released pursuant to paragraph (2), unless the court shall find good reason to extend his detention for an additional three days to obtain the attendance of a proper official of the demanding jurisdiction, " (g) If a person has not waived further proceedings pursuant to subsection (f), and a requisition from the Governor of the jurisdiction from which the person is a fugitive is presented to the court, the court shall order the requisition to be filed and referred to the chief judge for extradition proceedings pursuant to section 23-704, and shall order the person committed pending those proceedings. "§ 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 not exceeding $5,000 or imprisonment for not more than five years, or both. "§23-704. Extradition "(a) In all cases where the laws of the United States provide that fugitives from justice shall be delivered up, the chief judge of the Superior Court shall cause to be apprehended and delivered up fugitives from justice who shall be found within the District of Columbia, in the same manner and under the same regulations as the executive authority of a State is required to do by the provisions of chapter 209 82^stltf'in5^' "f *it]e 18, United States Code, and all executive and judicial officers 18 USC 3181- are required to obey the lawful precepts or other process issued for ^^^^" that purpose, and to aid and assist in that delivery. "(b) The chief judge of the Superior Court may also surrender, on demand of the Governor of any State, any person in the District of Columbia charged in that State in the manner provided in subsection (a) of this section with committing an act in the District of Columbia, or in another State, intentionally resulting in a crime in the State whose executive authority is making the demand, even though the accused was not in that State at the time of the commission of the crime, and has not fled therefrom. "(c) Xo person apprehended in accordance with the provisions of subsections (a) and (b) of this section shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive liim unless he shall first be taken before the chief

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judge of the Superior Court of the District of Columbia who shall inform him of the demand made for his surrender, and of the crime with which he is charged, and that he has the right to demand and procure legal counsel. " (d) If the person or his counsel shall state that he desires to test the legality of the person's arrest, the chief judge shall hold a hearing to determine whether the person shall be delivered over as demanded. At the hearing, the person shall have the same rights to challenge his detention and extradition as if the hearing were upon a writ of habeas corpus. "(e) If the chief judge shall order the person delivered over, he may appeal, within twenty-four hours, from that order to the District of Columbia Court of Appeals if the chief judge who rendered the order, or a judge of the District of Columbia Court of Appeals, issues a certificate of probable cause. The appeal shall be expedited by the District of Columbia Court of Appeals. An application for a writ of habeas corpus on behalf of a person who is authorized to demand a hearing pursuant to this subsection shall not be entertained if it appears that the applicant has failed to demand such a hearing or that the chief judge, after hearing, has ordered him delivered over, unless it also appears that the remedy by hearing is inadequate or ineffective to test the legality of his detention. "(f) Nothing contained in this subsection shall prevent a person from waiving his right to appear before the chief judge of the Superior Court and voluntarily returning in custody of a proper official to the jurisdiction of the State which is demanding him. " (g) No person demanded by the Governor of a State pursuant to this section shall be released upon bond or other obligation except pursuant to an order of a court of the demanding State. " (h) Any associate judge designated by the chief judge or acting chief judge shall have the same power to act pursuant to this section as the chief judge. "§ 23r-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. "§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 2 3 704, 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.

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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. "§23-707. Definitions "For purposes of this chapter— "(1) the term 'State' includes any territory or possession of the United States; and "(2) the term 'Governor' means the executive authority of a State. "Chapter 9.—FRESH PURSUIT "Sec.

"23-901. Arrests in the District of Columbia by oflScers of other States. "23-902. Hearing; commitment; discharge. "23-903. 'Fresh pursuit' defined.

"§ 23-901. Arrests in the District of Columbia by officers of other States "Any member of a duly organized peace unit of any State (or county or municipality thereof) of the United States who enters the District of Columbia in fresh pursuit and continues within the District of Columbia in fresh pursuit of a person in order to arrest him on the ground that he is believed to have committed a felony in such State shall have the same authority to arrest and hold that person in custody as has any member of any duly organized peace unit of the District of Columbia to arrest and hold in custody a person on the ground that he is believed to have committed a felony in the District of Columbia. This section shall not be construed so as to make unlawful any arrest in the District of Columbia which would otherwise be lawful. "§ 23-902. Hearing; commitment; discharge "If an arrest is made in the District of Columbia by an officer of another State in accordance with the provisions of section 23-901, he shall without unnecessary delay take the person arrested before a judge of the Superior Court of the District of Columbia, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the judge determines that the arrest was lawful, he shall order the release or detention of the person arrested, pursuant to section 23-702, to await for a reasonable time a requisition from the Governor of the State demanding the extradition of the person arrested. If the judge determines that the arrest was unlawful he shall order the person discharged. "§23-903. *Fresh pursuit* defined "For purposes of this chapter, the term 'fresh pursuit' shall include fresh pursuit as defined by the common law, also the pursuit of a person who has committed a felony or one whom the pursuing officer has reasonable grounds to believe has committed a felony. I t shall also include the pursuit of a person whom the pursuing officer has reasonable grounds to believe has committed a felony, although no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. Such term shall not necessarily imply an instant pursuit, but pursuit without unreasonable delay.

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"Chapter 11.—PROFESSIONAL BONDSMEN "Sec.

"23-1101. Definitions. "23-1102. Bonding business impressed with public interest. "23-1103. Procuring business through official or attorney for a consideration prohibited. "23-1104. Attorneys procuring employment through official or bondsman for a consideration prohibited. "23-1105. Receiving other than regular fee for bonding prohibited; bondsmen prohibited from endeavoring to secure dismissal or settlement. "23-1106. Posting names of authorized bondsmen; list to be furnished prisoners; prisoners may communicate with bondsmen; record to be kept by police. "23-1107. Bondsmen prohibited from entering place of detention unless requested by prisoner; record of visit to be kept. "23-1108. Qualifications of bondsmen; rules to be prescribed by courts; list of agents to be furnished; renewal of authority to act; detailed records to be kept; penalties and disqualifications. "23-1109. Giving advance information of proposed raid prohibited. "23-1110. Designation of official to take bail or collateral when court is not in session; issuance of citations. "23-1111. Penalties. "23-1112. Enforcement.

«§ 23-llOL Definitions "For purposes of this chapter— " (1) the term 'bonding business' means the business of becoming surety for compensation upon bonds in criminal cases in the District of Columbia; and "(2) the term 'bondsman' means any person or corporation engaged in the bonding business either as a principal or as an agent, clerk, or representative of another engaged in such business. "§23-1102. Bonding business impressed with public interests "The bonding business is impressed with a public interest. "§ 23-1103. Procuring business through official or attorney for a consideration prohibited "It shall be unlawful for any bondsman, either directly or indirectly, to give, donate, lend, contribute, or to promise to give, donate, lend, or contribute any money, property, entertainment, or other thing of value whatsoever to any attorney at law, police officer, deputy United States marshal, jailer, probation officer, clerk, or other attache of a criminal court, or public official of any character, for procuring or assisting in procuring any person to employ the bondsman to execute as surety any bond for compensation in any criminal case in the District of Columbia. It shall be unlawful for any attorney at law, police officer, deputy United States marshal, jailer, probation officer, clerk, bailiff, or other attache of a criminal court, or public official of any character, to accept or receive from a bondsman any money, property, entertainment, or other thing of value whatsoever for procuring or assisting in procuring a person to employ a bondsman to execute as surety any bond for compensation in a criminal case in the District of Columbia. "§23-1104. Attorneys procuring employment through official or bondsman for a consideration prohibited "It shall be unlawful for any attorney at law, either directly or indirectly, to give, loan, donate, contribute, or to promise to give, loan, donate, or contribute any money, property, entertainment, or other thin§ of value whatsoever to, or to split or divide any fee or commission with, any bondsman, police officer, deputy United States marshal, probation officer, bailiff, clerk, or other attache of any criminal court for causing or procuring or assisting in causing or procur-

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ing a person to employ the attorney to represent him in a criminal case in the District of Columbia. "§23-1105. Receiving other than regular fee for bonding prohibited; bondsmen prohibited from endeavoring to secure dismissal or settlement "It shall be lawful to charge for executing a bond in a criminal case in the District of Columbia, but it shall be unlawful for a bondsman, either directly or indirectly, to charge, accept, or receive a sum of money, or other thing of value, other than the regular fee for bonding, from a person for whom he has executed bond, for any other service whatever performed in connection with any indictment, information, or charge upon which the person is bailed or held in the District of Columbia. It also shall be unlawful for any bondsman to settle, or attempt to settle, or to procure or attempt to procure the dismissal of any indictment, information, or charge against any person in custody or held upon bond in the District of Columbia, with a court, or with the prosecuting attorney in a court in the District of Columbia. "§23-1106. Posting names of authorized bondsmen; list to be furnished prisoners; prisoners may communicate with bondsmen; record to be kept by police "A typewritten or printed list alphabetically arranged of all persons engaged under the authority of any of the courts of criminal jurisdiction in the District of Columbia in the business of becoming surety upon bonds for compensation in criminal cases shall be posted in a conspicuous place in each police precinct, jail, prisoner's dock, house of detention, and every other place in the I)istrict of Columbia in which persons in custody of the law are detained, and one or more copies thereof kept on hand; and when a person who is detained in custody in a place of detention shall request a person in charge thereof to furnish him the name of a bondsman, or to put him in communication with a bondsman, the list shall be furnished to the person in charge of the place of detention within a reasonable time to put the person detained in communication with the bondsman selected, and the person in charge of the place of detention shall contemporaneously with that transaction make in the blotter or book of record kept in the place of detention, a record showing the name of the person requesting the bondsman, the offense with which the person is charged, the time at which the request was made, the bondsman requested, and the person by whom the bondsman Avas called, and preserve that as a permanent record in the book or blotter in which entered. "§ 23-1107. Bondsmen prohibited from entering place of detention unless requested by prisoner; record of visit to be kept " I t shall be unlawful for a bondsman to enter a police precinct, jail, prisoner's dock, house of detention, or other place where persons in the custody of the law are detained in the District of Columbia for the purpose of obtaining employment as a bondsman, without having been previously called by a person detained or by some relative or other authorized person acting for or on behalf of the person detained. Whenever a bondsman enters a police precinct, jail, prisoner's dock, house of detention, or other place where persons in the custody of the law are detained in the District of Columbia, he shall forthwith give to the person in charge thereof his mission there and the name of the person calling him and requesting him to come to such place. That information shall be recorded by the person in charge of the place of detention and preserved as a public record, and the failure of the bondsman to give that information, or the failure of the person in charge

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of the place of detention to make and preserve a record of that information, shall constitute a violation of this chapter, "§23-1108. Qualifications of bondsmen; rules to be prescribed by courts; list of agents to be furnished; renewal of authority to act; detailed records to be kept; penalties and disqualifications " (a) I t shall be the duty of the United States District Court for the District of Columbia and the Superior Court of the District of Columbia, each, to provide, under reasonable rules and regulations, the qualifications of persons and corporations applying for authority to engage in the bonding business in criminal cases in the District of Columbia, and the terms and conditions upon which the business shall be carried on, and no person or corporation shall, either as principal, or as agent, clerk, or representative of another, engage in the bonding business in either court until he shall, by order of the court, be authorized to do so. The courts, in making these rules and regulations, and in granting authority to persons to engage in the bonding business, shall take into consideration both the financial responsibility and the moral qualities of the person so applying, and no person shall be permitted to engage, either as principal or agent, in the bonding business, who has ever been convicted of an offense involving moral turpitude, or who is not known to be a person of good moral character. It shall be the duty of each of the courts to require every person qualifying to engage in the bonding business as principal to file with the court a list showing the name, age, and residence of each person eml^loyed by the bondsman as agent, clerk, or representative in the bonding business, and require an affidavit from each of these persons stating that he will abide by the terms and provisions of this chapter. Each of the courts shall require the authority of each of those persons to be renewed from time to time at such periods as the court may by rule provide, and before the authority shall be renewed the court shall require from each of those persons an affidavit that since his previous qualification to engage in the bonding business he has abided by the provisions of this chapter, and any person swearing falsely in any of the affidavits shall be guilty of perjury. "(b) Each court shall prescribe such rules and regulations as may be necessary to insure that whenever a bondsman becomes surety for compensation upon a bond in a criminal case before the court, the bondsman shall make a record, which shall be accurate to the best of the maker's knowledge and belief and shall thereafter be open for inspection by the court or its designated representative, and by the designated representative of other law enforcement agencies of the District of Columbia, of the following matters: "(1) the full name and address of the person for whom the bond is executed (referred to in this subsection as the 'defendant') and the full name and address of his employer, if any; "(2) the offense with which the defendant is charged; "(3) the name of the court or officer authorizing the defendant's admission to bail; " (4) the amount of the bond; "(5) the name of the person who called the bondsman, if other than the defendant; "(6) the amount of the bondsman's charge for executing the bond; "(7) the full name and address of the person to whom the bondsman presented his bill for the charge; "(8) the full name and address of the person paying the charge; and " (9) the manner of payment of the charge.

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Whoever violates any rule or regulation prescribed under this subsection shall be fined not more than $500 or imprisoned not more than six months, or both, and if he is a bondsman shall be disqualified from thereafter engaging in any manner in the bonding business for such period of time as the trial judge shall order. "§23^1109. Giving advance information of proposed raid prohibited " I t shall be unlawful for any police officer or other public official, in advance of any raid by police or other peace officers or public officials or the execution of any search warrant or warrant of arrest, to give or furnish, either directly or indirectly, any information concerning the proposed raid or arrest to any person engaged in any manner in the bonding business, or to any attorney at law: but it shall not be unlawful for any police or other peace officer, in conducting any raid or in executing any search warrant or warrant of arrest, to communicate to any attorney at law or person engaged in the bonding business, any fact necessary to enable the officer to obtain from the attorney at law or person engaged in the bonding business information necessary to enable the officer to carry out the raid or execute the process. "§ 23i-1110. Designation of official to take bail or collateral when court is not in session; issuance of citations " (a) The judges of the Superior Court of the District of Columbia shall have the authority to appoint some official of the Metropolitan Police Department to act as a clerk of the court with authority to take bail or collateral from persons charged with offenses triable in the Superior Court at all times when the court is not open and its clerks accessible. The official so appointed shall have the same authority at those times with reference to taking bonds or collateral as the clerk of the Municipal Court had on March 3, 1933; shall receive no compensation for those services other than his regular salary; shall be subject to the orders and rules of the Superior Court in discharge of his duties, and may be removed as the clerk at any time by the judges of the court. The United States District Court for the District of Columbia shall have power to authorize the official appointed by the Superior Court to take bond of persons arrested upon writs and process from that court in criminal cases between 4 o'clock postmeridian and 9 o'clock antemeridian and upon Sundays and holidays, and shall have power at any time to revoke the authority granted by it. "(b)(1) An officer or member of the Metropolitan Police Department who arrests without a warrant a person for committing a misdemeanor may, instead of taking him into custody, issue a citation requiring the person to appear before an official of the Metropolitan Police Department designated under subsection (a) of this section to act as a clerk of the Superior Court. "(2) Whenever a person is arrested without a warrant for committing a misdemeanor and is booked and processed pursuant to law, an official of the Metropolitan Police Department designated under subsection (a) of this section to act as a clerk of the Superior Court may issue a citation to him for an appearance in court or at some other designated place, and release him from custody. "(3) No citation may be issued under paragraph (1) or (2) unless the person authorized to issue the citation has reason to believe that the arrested person will not cause injury to persons or damage to property and that he will make an appearance in answer to the citation. "(4) Whoever willfully fails to appear as required in a citation, shall be fined not more than the maximum provided for the misde-

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