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Definitions[]

A physical search is

any physical intrusion within the United States into premises or property (including the examination of the interior of property by technical means) that is intended to result in the seizure, reproduction, inspection, or alteration of information, material, or property, under circumstances in which a person has a reasonable expectation of privacy and a warrant would be required for law enforcement purposes, but does not include: (1) electronic surveillance as defined in FISA, or (2) the acquisition by the United States government of foreign intelligence information from international foreign communications, or foreign intelligence activities conducted in accordance with otherwise applicable Federal law involving a foreign electronic communications system, utilizing a means other than electronic surveillance as defined in FISA.[1]
[a]ny intrusion upon a person or a person's property or possessions to obtain items of property or information. The term does not include examination of areas that are in plain view and visible to the unaided eye if no physical trespass is undertaken, and does not include examinations of abandoned property left in a public place.[2]

References[]

  1. Guidelines for FBI National Security Investigations and Foreign Intelligence Collection, at 37.
  2. Office of Counterintelligence (DXC), Defense CI & HUMINT Center, Defense Intelligence Agency, "Terms and Definitions of Interest for DoD Counterintelligence Professional," at GL-181 (May 2, 2011) (full-text).

See also[]

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