by Unknown
the court shall strike from the record the testimony of the witness,
and the trial shall proceed unless the court in its discretion shall
determine that the interests of justice require that a mistrial be
declared.
(e) The term statement, as used in subsections (b)–(d) of this section in relation to any witness called by the United States, means
(1) A written statement made by the said witness and signed or
otherwise adopted or approved by him
456
Appendix D: Consumer and Credit Data Privacy Laws
(2) A stenographic, mechanical, electrical, or other recording, or a
transcription thereof, which is a substantially verbatim recital of
an oral statement made by the said witness and recorded con-
temporaneously with the making of such oral statement
(3) A statement, however, taken or recorded, or a transcription
thereof, if any, made by the said witness to a grand jury
§ 3504. Litigation Concerning Sources of Evidence
(a) In any trial, hearing, or other proceeding in or before any court,
grand jury, department, officer, agency, regulatory body, or other
authority of the United States,
(1) Upon a claim by a party aggrieved that evidence is inadmissible
because it is the primary product of an unlawful act or because
it was obtained by the exploitation of an unlawful act, the oppo-
nent of the claim shall affirm or deny the occurrence of the
alleged unlawful act
(2) Disclosure of information for a determination if evidence is
inadmissible because it is the primary product of an unlawful
act occurring prior to June 19, 1968, or because it was obtained
by the exploitation of an unlawful act occurring prior to June
19, 1968, shall not be required unless such information may be
relevant to a pending claim of such inadmissibility
(3) No claim shall be considered that evidence of an event is inadmis-
sible on the ground that such evidence was obtained by the exploi-
tation of an unlawful act occurring prior to June 19, 1968, if such
event occurred more than 5 years after such al egedly unlawful act
(b) As used in this section, unlawful act means any act of use of any electronic, mechanical, or other device (as defined in Section 2510 (5) of
this title) in violation of the Constitution or laws of the United States or any regulation or standard promulgated pursuant thereto.
Law Enforcement Officer Safety Act
of 2004 (18 U.S.C. 926B and 926C)
18 U.S.C.A § 926. Rules and regulations
The attorney general may prescribe only such rules and regulations as are necessary to carry out the provisions of this chapter
(a) Relating to Federal Firearms Licenses, that is, dealers’ licenses and prohibition on national registries
(b) Relating to public notice for new regulations
(c) Relating to purchasers of black powder
Appendix D: Consumer and Credit Data Privacy Laws
457
Amendments: 2002 Amendments. Pub. L. 107-296, § 1112(f)(6), struck out
“Secretary” and inserted “Attorney General,” throughout the section.
§ 926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or regulation
of a state or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to
any other place if, during such transportation, the firearm is unloaded,
and neither the firearm nor any ammunition being transported is read-
ily accessible or is directly accessible from the passenger compartment of such transporting vehicle, provided that in the case of a vehicle without a compartment separate from the driver’s compartment, the firearm or
ammunition shall be contained in a locked container other than the glove
compartment or console.
18 U.S.C.A § 926B
§ 926B. Carrying of concealed firearms by qualified law enforcement officers (Effective: July 22, 2004)
(a) Notwithstanding any other provision of the law of any state or any
political subdivision thereof, an individual who is a qualified law
enforcement officer and who is carrying the identification required
by subsection (d) may carry a concealed firearm that has been
shipped or transported in interstate or foreign commerce, subject to
subsection (b).
(b) This section shall not be construed to supersede or limit the laws of any state that
(1) Permit private persons or entities to prohibit or restrict the pos-
session of concealed firearms on their property
(2) Prohibit or restrict the possession of firearms on any state or
local government property, installation, building, base, or park
(c) As used in this section, the term qualified law enforcement officer means an employee of a governmental agency who
(1) Is authorized by law to engage in or supervise the prevention,
detection, investigation, or prosecution of, or the incarceration of
any person for, any violation of law and has statutory powers of
arrest
(2) Is authorized by the agency to carry a firearm
(3) Is not the subject of any disciplinary action by the agency
(4) Meets standards, if any, established by the agency, which require
the employee to regularly qualify in the use of a firearm
458
Appendix D: Consumer and Credit Data Privacy Laws
(5) Is not under the influence of alcohol or another intoxicating or
hallucinatory drug or substance
(6) Is not prohibited by federal law from receiving a firearm
(d) The identification required by this subsection is the photographic
identification issued by the governmental agency for which the
individual is employed as a law enforcement officer.
(e) As used in this section, the term firearm does not include
(1) Any machine gun (as defined in Section 5845 of the National Firearms Act)
(2) Any firearm silencer (as defined in Section921 of this title)
(3) Any destructive device (as defined in Section921 of this title)
References in text: Section 5845 of the National Firearms Act, referred to in subsection (e)(1), is 26 U.S.C.A § 5845.
18 U.S.C.A § 926C
§ 926C. Carrying of concealed firearms by qualified retired law enforcement officers
(a) Notwithstanding any other provision of the law of any state or
any political subdivision thereof, an individual who is a qualified
retired law enforcement officer and who is carrying the identification
required by subsection (d) may carry a concealed firearm that has
been shipped or transported in interstate or foreign commerce,
subject to subsection (b).
(b) This section shall not be construed to supersede or limit the laws of any state that
(1) Permit private persons or entities to prohibit or restrict the pos-
session of concealed firearms on their property
(2) Prohibit or restrict the possession of firearms on any state or
local government property, installation, building, base, or park
(c) As used in this section, the term qualified retired law enforcement officer means an individual who
(1) Retired in good standing from service with a public agency
as a law enforcement officer, other than for reasons of mental
instability
(2) Before such retirement, was authorized by law to engage in or
supervise the prevention, detection, investigation, or prosecution
of, or the incarceration of any person for, any violation of law and
had statutory powers of arrest
Appendix D: Consumer and Credit Data Privacy Laws
459
(3)
(A) Before such retirement, was regularly employed as a law
enforcement officer for an aggregate of 15 years or more
(B) Retired from service with such agency, after completing
any applicable probationary period of such service, due to a
service-connected disability, as determined by such agency
(4) Has a nonforfeitable right to benefits under the retirement plan
of the agency
(5) During the most recent 12-month period, has met, at the
expense of the individual, the state’s standards for training
and qualification for active law enforcement officers to carry
firearms
(6) Is not under the influence of alcohol or another intoxicating or
hallucinatory drug or substance
(7) Is not prohibited by federal law from receiving a firearm
(d) The identification required by this subsection is
(1) A photographic identification issued by the agency from which
the individual retired from service as a law enforcement officer
that indicates that the individual has, not less recently than 1 year
before the date the individual is carrying the concealed firearm,
been tested or otherwise found by the agency to meet the stan-
dards established by the agency for training and qualification for
active law enforcement officers to carry a firearm of the same type
as the concealed firearm
(2)
(A) A photographic identification issued by the agency from
which the individual retired from service as a law enforce-
ment officer
(B) A certification issued by the state in which the individual
resides that indicates that the individual has, not less
recently than 1 year before the date the individual is carry-
ing the concealed firearm, been tested or otherwise found
by the state to meet the standards established by the state
for training and qualification for active law enforcement
officers to carry a firearm of the same type as the concealed
firearm
(e) As used in this section, the term firearm does not include
(1) Any machine gun (as defined in Section 5845 of the National
Firearms Act)
(2) Any firearm silencer (as defined in Section 921 of this title)
(3) A destructive device (as defined in Section 921 of this title)
460
Appendix D: Consumer and Credit Data Privacy Laws
28 C.F.R. Part 23: Criminal Intelligence
Systems Operating Policies
Executive Order 12291
These regulations are not a major rule as defined by Section 1(b) of Executive Order No. 12291, 3 C.F.R. Part 127 (1981), because they do
not result in (a) an effect on the economy of $100 million or more, (b) a major increase in any costs or prices, or (c) adverse effects on competition, employment, investment, productivity, or innovation among American
enterprises.
Regulatory Flexibility Act
These regulations are not a rule within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601-612. These regulations, if promulgated, will not have a significant economic impact on a substantial number of small entities, as defined by the Regulatory Flexibility Act.
Paperwork Reduction Act
There are no collection of information requirements contained in the pro-
posed regulation.
List of Subjects in 28 C.F.R. Part 23
Administrative practice and procedure, grant programs, intelligence, law
enforcement.
For the reasons set out in the preamble, Title 28, Part 23, of the Code of Federal Regulations is revised to read as follows:
Part 23: Criminal Intelligence Systems Operating Policies Section
23.1 Purpose
23.2 Background
23.3 Applicability
23.20 Operating Principles
23.30 Funding Guidelines
23.40 Monitoring and Auditing of Grants for the Funding of Intelligence
Systems
Authority: 42 U.S.C. 3782(a); 42 U.S.C. 3789g(c)
§ 23.1 Purpose The purpose of this regulation is to assure that all criminal intelligence systems operating through support under the Omnibus Crime
Control and Safe Streets Act of 1968, 42 U.S.C. 3711, et seq., as amended (Pub. L. 90-351, as amended by Pub. L. 91-644, Pub. L. 93-83, Pub. L. 93-415, Pub. L. 94-430, Pub. L. 94-503, Pub. L. 95-115, Pub. L. 96-157, Pub. L. 98-473,
Appendix D: Consumer and Credit Data Privacy Laws
461
Pub. L. 99-570, Pub. L. 100-690, and Pub. L. 101-647), are utilized in conformance with the privacy and constitutional rights of individuals.
§ 23.2 Background It is recognized that certain criminal activities including, but not limited to, loan sharking, drug trafficking, trafficking in stolen property, gambling, extortion, smuggling, bribery, and corruption of public officials often involve some degree of regular coordination and permanent organization involving a large number of participants over a broad geographical area. The exposure of such ongoing networks of criminal activity can be aided by the pooling of information about such activities. However, because the collection and exchange of intelligence data necessary to support control of serious criminal activity may represent potential threats to the privacy of individuals to whom such data relate, policy guidelines for federally funded projects are required.
§ 23.3 Applicability
(a) These policy standards are applicable to all criminal intelligence systems operating through support under the Omnibus Crime Control
and Safe Streets Act of 1968, 42 U.S.C. 3711, et seq., as amended
(Pub. L. 90-351, as amended by Pub. L. 91-644, Pub. L. 93-83, Pub. L.
93-415, Pub. L. 94-430, Pub. L. 94-503, Pub. L. 95-115, Pub. L. 96-157,
Pub. L. 98-473, Pub. L. 99-570, Pub. L. 100-690, and Pub. L. 101-647).
(b) As used in these policies:
(1) Criminal intelligence system or intelligence system means the
arrangements, equipment, facilities, and procedures used for
the receipt, storage, interagency exchange or dissemination, and
analysis of criminal intelligence information.
(2) Interjurisdictional intelligence system means an intelligence system that involves two or more participating agencies representing
different governmental units or jurisdictions.
(3) Criminal intelligence information means data that have been
evaluated to determine that it
(i) Is relevant to the identification of and the criminal activ-
ity engaged in by an individual who or organization that is
reasonably suspected of involvement in criminal activity
(ii) Meets criminal intelligence system submission criteria
(4) Participating agency means an agency of local, county, state,
federal, or other governmental unit that exercises law enforce-
ment or criminal investigation authority and that is authorized
to submit and receive criminal intelligence information through
an interjurisdictional intelligence system. A participating agency
may be a member or a nonmember of an interjurisdictional intel-
ligence system.
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Appendix D: Consumer and Credit Data Privacy Laws
(5) Intelligence project or project means the organizational unit that
operates an intelligence system on behalf of and for the benefit
of a single agency or the organization that operates an interjuris-
dictional intelligence system on behalf of a group of participating
agencies.
(6) Validation of information means the procedures governing the
periodic review of criminal intelligence information to assure
its continuing compliance with system submission criteria
established by regulation or program policy.
§ 23.20 Operating Principles
(a) A project shall collect and maintain criminal intelligence informa-
tion concerning an individual only if there is reasonable suspicion
that the individual is involved in criminal conduct or activity and
the information is relevant to that criminal conduct or activity.
(b) A project shall not collect or maintain criminal intelligence infor-
mation about the political, religious, or social views, associations, or
activities of any individual or any group, association, corporation,
business, partnership, or other organization unless such informa-
tion directly relates to criminal conduct or activity and there is rea-
sonable suspicion that the subject of the information is or may be
involved in criminal conduct or activity.
(c) Reasonable suspicion or criminal predicate is established when
information exists, which establishes sufficient facts to give a trained
law enforcement or criminal investigative agency officer, investiga-
tor, or employee a basis to believe that there is a reasonable possi-
bility that an individual or organization is involved in a definable
criminal activity or enterprise. In an interjurisdictional intelligence
