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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 28 - Judicial Administration |
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Chapter I - Department of Justice |
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Part 59 - Guidelines on Methods of Obtaining Documentary Materials Held by Third Parties |
§ 59.2 - Definitions.
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§ 59.2 Definitions.
As used in this part -
(a) The term attorney for the government shall have the same meaning as is given that term in Rule 54(c) of the Federal Rules of Criminal Procedure;
(b) The term disinterested third party means a person or organization not reasonably believed to be -
(1) A suspect in the criminal offense to which the materials sought under these guidelines relate; or
(2) Related by blood or marriage to such a suspect;
(c) The term documentary materials means any materials upon which information is recorded, and includes, but is not limited to, written or printed materials, photographs, films or negatives, audio or video tapes, or materials upon which information is electronically or magnetically recorded, but does not include materials which constitute contraband, the fruits or instrumentalities of a crime, or things otherwise criminally possessed;
(d) The term law enforcement officer shall have the same meaning as the term “federal law enforcement officer” as defined in Rule 41(h) of the Federal Rules of Criminal Procedure; and
(e) The term supervisory official of the Department of Justice means the supervising attorney for the section, office, or branch within the Department of Justice which is responsible for the investigation or prosecution of the offense at issue, or any of his superiors.