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18 U.S.C. § 2237 — Criminal sanctions for failure to heave to, obstruction of boarding, or providing false information
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) It shall be unlawful for the master, operator, or person in charge of a vessel of the United States, or a vessel subject to the jurisdiction of the United States, to knowingly fail to obey an order by an authorized Federal law enforcement officer to heave to that vessel.
(2) It shall be unlawful for any person on board a vessel of the United States, or a vessel subject to the jurisdiction of the United States, to—
(A) forcibly resist, oppose, prevent, impede, intimidate, or interfere with a boarding or other law enforcement action authorized by any Federal law or to resist a lawful arrest; or
(B) provide materially false information to a Federal law enforcement officer during a boarding of a vessel regarding the vessel’s destination, origin, ownership, registration, nationality, cargo, or crew.
**(b)**
(1) Except as otherwise provided in this subsection, whoever knowingly violates subsection (a) shall be fined under this title or imprisoned for not more than 5 years, or both.
(2)
(A) If the offense is one under paragraph (1) or (2)(A) of subsection (a) and has an aggravating factor set forth in subparagraph (B) of this paragraph, the offender shall be fined under this title or imprisoned for any term of years or life, or both.
(B) The aggravating factor referred to in subparagraph (A) is that the offense—
(i) results in death; or
(ii) involves—
(I) an attempt to kill;
(II) kidnapping or an attempt to kidnap; or
(III) an offense under section 2241.
(3) If the offense is one under paragraph (1) or (2)(A) of subsection (a) and results in serious bodily injury (as defined in section 1365), the offender shall be fined under this title or imprisoned for not more than 15 years, or both.
(4) If the offense is one und
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Source file: Laws/federal/codes/united-states-code/title-18/section-2237-criminal-sanctions-for-failure-to-heave-to-obstruction-of-boarding-or-pr--db367fd8f9.md
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Source location: Title 18, Chapter 109, § 2237; chapter-109-searches-and-seizures.md
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**(a)**
(1) It shall be unlawful for the master, operator, or person in charge of a vessel of the United States, or a vessel subject to the jurisdiction of the United States, to knowingly fail to obey an order by an authorized Federal law enforcement officer to heave to that vessel.
(2) It shall be unlawful for any person on board a vessel of the United States, or a vessel subject to the jurisdiction of the United States, to—
(A) forcibly resist, oppose, prevent, impede, intimidate, or interfere with a boarding or other law enforcement action authorized by any Federal law or to resist a lawful arrest; or
(B) provide materially false information to a Federal law enforcement officer during a boarding of a vessel regarding the vessel’s destination, origin, ownership, registration, nationality, cargo, or crew.
**(b)**
(1) Except as otherwise provided in this subsection, whoever knowingly violates subsection (a) shall be fined under this title or imprisoned for not more than 5 years, or both.
(2)
(A) If the offense is one under paragraph (1) or (2)(A) of subsection (a) and has an aggravating factor set forth in subparagraph (B) of this paragraph, the offender shall be fined under this title or imprisoned for any term of years or life, or both.
(B) The aggravating factor referred to in subparagraph (A) is that the offense—
(i) results in death; or
(ii) involves—
(I) an attempt to kill;
(II) kidnapping or an attempt to kidnap; or
(III) an offense under section 2241.
(3) If the offense is one under paragraph (1) or (2)(A) of subsection (a) and results in serious bodily injury (as defined in section 1365), the offender shall be fined under this title or imprisoned for not more than 15 years, or both.
(4) If the offense is one under paragraph (1) or (2)(A) of subsection (a), involves knowing transportation under inhumane conditions, and is committed in the course of a violation of section 274 of the Immigration and Nationality Act, or chapter 77 or section 113 (other than under subsection (a)(4) or (a)(5) of such section) or 117 of this title, the offender shall be fined under this title or imprisoned for not more than 15 years, or both.
**(c)** This section does not limit the authority of a customs officer under section 581 of the Tariff Act of 1930 ([19 U.S.C. 1581](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1581&num=0&edition=prelim)), or any other provision of law enforced or administered by the Secretary of the Treasury or the Secretary of Homeland Security, or the authority of any Federal law enforcement officer under any law of the United States, to order a vessel to stop or heave to.
**(d)** A foreign nation may consent or waive objection to the enforcement of United States law by the United States under this section by radio, telephone, or similar oral or electronic means. Consent or waiver may be proven by certification of the Secretary of State or the designee of the Secretary of State.
**(e)** In this section—
(1) the term “Federal law enforcement officer” has the meaning given the term in section 115(c);
(2) the term “heave to” means to cause a vessel to slow, come to a stop, or adjust its course or speed to account for the weather conditions and sea state to facilitate a law enforcement boarding;
(3) the term “vessel subject to the jurisdiction of the United States” has the meaning given the term in [section 70502 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70502&num=0&edition=prelim);
(4) the term “vessel of the United States” has the meaning given the term in [section 70502 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70502&num=0&edition=prelim); and
(5) the term “transportation under inhumane conditions” means—
(A) transportation—
(i) of one or more persons in an engine compartment, storage compartment, or other confined space;
(ii) at an excessive speed; or
(iii) of a number of persons in excess of the rated capacity of the vessel; or
(B) intentional grounding of a vessel in which persons are being transported.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application of Other Definitions.—** The definitions in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ([21 U.S.C. 802](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim)) apply to this chapter.
**(b) Vessel of the United States.—** In this chapter, the term “vessel of the United States” means—
(1) a vessel documented under chapter 121 of this title or numbered as provided in chapter 123 of this title;
(2) a vessel owned in any part by an individual who is a citizen of the United States, the United States Government, the government of a State or political subdivision of a State, or a corporation incorporated under the laws of the United States or of a State, unless—
(A) the vessel has been granted the nationality of a foreign nation under article 5 of the 1958 Convention on the High Seas; and
(B) a claim of nationality or registry for the vessel is made by the master or individual in charge at the time of the enforcement action by an officer or employee of the United States who is authorized to enforce applicable provisions of United States law; and
(3) a vessel that was once documented under the laws of the United States and, in violation of the laws of the United States, was sold to a person not a citizen of the United States, placed under foreign registry, or operated under the authority of a foreign nation, whether or not the vessel has been granted the nationality of a foreign nation.
**(c) Vessel Subject to the Jurisdiction of the United States.—**
(1) **In general.—** — In this chapter, the term “vessel subject to the jurisdiction of the United States” includes—
(A) a vessel without nationality;
(B) a vessel assimilated to a vessel without nationality under
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Criminal penalties**
(1)
(A) Any person who—
(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;
(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;
(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;
(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or
(v)
(I) engages in any conspiracy to commit any of the preceding acts, or
(II) aids or abets the commission of any of the preceding acts,
shall be punished as provided in subparagraph (B).
(B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs—
(i) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subp
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Customs officers** Any officer of the customs may at any time go on board of any vessel or vehicle at any place in the United States or within the customs waters or, as he may be authorized, within a customs-enforcement area established under the Anti-Smuggling Act [[19 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1701&num=0&edition=prelim) et seq.], or at any other authorized place, without as well as within his district, and examine the manifest and other documents and papers and examine, inspect, and search the vessel or vehicle and every part thereof and any person, trunk, package, or cargo on board, and to this end may hail and stop such vessel or vehicle, and use all necessary force to compel compliance.
**(b) Officers of Department of the Treasury** Officers of the Department of the Treasury and other persons authorized by such department may go on board of any vessel at any place in the United States or within the customs waters and hail, stop, and board such vessel in the enforcement of the navigation laws and arrest or, in case of escape or attempted escape, pursue and arrest any person engaged in the breach or violation of the navigation laws.
**(c) Penalty for presenting forged, altered, or false documents** Any master of a vessel being examined as herein provided, who presents any forged, altered, or false document or paper to the examining officer, knowing the same to be forged, altered, or false and without revealing the fact shall, in addition to any forfeiture to which in consequence the vessel may be subject, be liable to a fine of not more than $5,000 nor less than $500.
**(d) Penalty for failure to stop at command** Any vessel or vehicle which, at any authorized place, is directed to come to a stop
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Federal law — U.S. Code and appendices · legal_authorities
Page 512
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 2235
(June 25, 1948, ch. 645, 62 Stat. 803; Pub. L.
104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat.
3498; Pub. L. 107–273, div. B, title III, § 3002(a)(3),
Nov. 2, 2002, 116 Stat. 1805.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., § 631 (June 15, 1917,
ch. 30, title XI, § 21, 40 Stat. 230).
Minor changes were made in phraseology.
Editorial Notes
AMENDMENTS
2002—Pub. L. 107–273 inserted ‘‘, or both’’ after
‘‘year’’.
1996—Pub. L. 104–294 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $1,000’’.
§ 2235. Search warrant procured maliciously
Whoever maliciously and without probable
cause procures a search warrant to be issued and
executed, shall be fined under this title or im-
prisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 803; Pub. L.
104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110 Stat.
3498; Pub. L. 107–273, div. B, title III, § 3002(a)(3),
Nov. 2, 2002, 116 Stat. 1805.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., § 630 (June 15, 1917,
ch. 30, title XI, § 20, 40 Stat. 230).
Minor changes were made in phraseology.
Editorial Notes
AMENDMENTS
2002—Pub. L. 107–273 inserted ‘‘, or both’’ after
‘‘year’’.
1996—Pub. L. 104–294 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $1,000’’.
§ 2236. Searches without warrant
Whoever, being an officer, agent, or employee
of the United States or any department or agen-
cy thereof, engaged in the enforcement of any
law of the United States, searches any private
dwelling used and occupied as such dwelling
without a warrant directing such search, or ma-
liciously and without reasonable cause searches
any other building or property without a
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Federal law — U.S. Code and appendices · legal_authorities
Page 267
TITLE 19—CUSTOMS DUTIES
§ 1581
Provisions somewhat similar to those in this section
were contained in R.S. § 2981, as amended by act June
10, 1880, ch. 190, § 10, 21 Stat. 175, and act May 21, 1896,
ch. 217, 29 Stat. 129, which also required notice to be
given the party claiming the lien before delivery of the
goods, and provided that possession by officers of the
customs should not affect the discharge of the lien.
That section was repealed by act Sept. 21, 1922, ch. 356,
title IV, § 642, 42 Stat. 989.
AMENDMENTS
1984—Pub. L. 98–573 inserted provision making this
section applicable to licensed customs brokers who oth-
erwise possess a lien for the purposes stated above upon
the merchandise under the statutes or common law, or
by order of any court of competent jurisdiction, of any
State.
1970—Pub. L. 91–271 substituted reference to customs
officer for reference to collector of customs.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–573 effective on close of
180th day following Oct. 30, 1984, see section 214(d) of
Pub. L. 98–573, set out as a note under section 1304 of
this title.
EFFECTIVE DATE OF 1970 AMENDMENT
For effective date of amendment by Pub. L. 91–271,
see section 203 of Pub. L. 91–271, set out as a note under
section 1500 of this title.
PLAN AMENDMENTS NOT REQUIRED UNTIL
JANUARY 1, 1989
For provisions directing that if any amendments
made by subtitle A or subtitle C of title XI [§§ 1101–1147
and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L.
99–514 require an amendment to any plan, such plan
amendment shall not be required to be made before the
first plan year beginning on or after Jan. 1, 1989, see
section 1140 of Pub. L. 99–514, as amended, set out as a
note
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