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407

Search Warrants

Section 3406 of the Act establishes procedures for obtaining financial records by search warrant. Current law governing the obtaining of a warrant is not changed, but under the Act the government must, within 90 days after execution of the warrant for financial records, notify the affected customer or customers of the search. Specifically the Government must mail to the customer's last known address a copy of the search warrant together with the following notice:

    Records or information concerning your transactions held by the financial institution named in the attached search warrant were obtained by this (agency or department) on (date) for the following purpose:

    you may have rights under the Right to Financial Privacy Act of 1978 (12 U.S.C. § 3401 et seq.]

Customer notice may be delayed and the bank prohibited from notifying the customer of the search if a court order is obtained pursuant to 12 U.S.C. §  3409. As noted previously the Act does not extend to warrants for the contents of safe deposit boxes because the Act does not protect services that do not involve an account relationship.