9 2 STAT. 1794
: : ,
PUBLIC LAW 95-511—OCT. 25, 1978
derived from an electronic surveillance of that aggrieved person pursuant to the authority of this title, the State or political subdivision
thereof shall notify the aggrieved person, the court or other authority
in which the information is to be disclosed or used, and the Attorney
General that the State or political subdivision thereof intends to so
disclose or so use such information.
(e) A n y person against whom evidence obtained or derived from an
electronic surveillance to which he is an aggrieved person is to be, or
has been, introduced or otherwise iised or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer,
agency, regulatoi-y body, or other authority of the United States, a
State, or a political subdivision thereof, may move to suppress the
evidence obtained or derived from such electronic surveillance on the
grounds that^—
(1) the information was unlawfully acquired; or
(2) the surveillance was not made in conformity with an oi"der
of authorization or approval.
Such a motion shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the
person was not aware of the grounds of t h e motion.
(f) Whenever a court or other authority is notified pursuant to subsection (c) or ( d ) , or whenever a motion is made p u r s u a n t to subsection ( e ) , or whenever any motion or request is made by an aggrieved
person pursuant to any other statute or rule of the United States or
any State before any court or other authority of the United States or
any State to discover or obtain applications or orders or other materials relating to electronic surveillance or to discover, obtain, or suppress evidence or information obtained or derived from electronic
surveillance under this Act, the United States district court or, where
the motion is made before another authority, the United States district
court in the same district as the authority, shall, notwithstanding any
other law, if the Attorney General files an affidavit under oath t h a t
disclosure or an adversary hearing would harm the national security
of the United States, review in camera and ex p a r t e the application,
order, and such other materials relating to the surveillance as may be
necessary to determine whether the surveillance of the aggrieved person was lawfully authorized and conducted. I n making this determination, the court may disclose to the aggrieved person, under appropriate
security procedures and protective orders, portions of the application,
order, or other materials relating to t h e surveillance only where such
disclosure is necessary to make an accurate determination of the
legality of the surveillance.
(g) I f the United States distiict court pursuant to subsection (f)
determines t h a t the surveillance was not lawfully authorized or conducted, it shall, in accordance with the requirements of law, suppress
the evidence which was unlawfully obtained or derived from electronic
surveillance of the aggrieved person or otherwise g r a n t t h e motion
of the aggrieved person. If the court determines t h a t the surveillance
was lawfully authorized and conducted, it shall deny the motion of
the aggrieved person except to the extent t h a t due process requires
discovery or disclosure.
(h) Orders g r a n t i n g motions or requests under subsection ( g ) ,
decisions under this section t h a t electronic surveillance was not lawfully authorized or conducted, and orders of the United States district
court requiring review or g r a n t i n g disclosure of applications, orders,
or other materials relating to a surveillance shall be final orders and
binding upon all courts of the United States and the several States