18 U.S.C. § 3050 — Bureau of Prisons employees’ powers

Page 691 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3051 1 So in original. The words ‘‘Special Agents’’ probably should not be capitalized. (June 25, 1948, ch. 645, 62 Stat. 817; Pub. L. 90–578, title III, § 301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) Editorial Notes AMENDMENTS 1968—Pub. L. 90–578 substituted ‘‘magistrate’’ for ‘‘commissioner’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’ substituted for ‘‘mag- istrate’’ in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. § 3049. Warrant for removal Only one writ or warrant is necessary to re- move a prisoner from one district to another. One copy thereof may be delivered to the sheriff or jailer from whose custody the prisoner is taken, and another to the sheriff or jailer to whose custody he is committed, and the original writ, with the marshal’s return thereon, shall be returned to the clerk of the district to which he is removed. (June 25, 1948, ch. 645, 62 Stat. 817.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 604 (R.S. § 1029). § 3050. Bureau of Prisons employees’ powers An officer or employee of the Bureau of Pris- ons may— (1) make arrests on or off of Bureau of Pris- ons property without warrant for violations of the following provisions regardless of where the violation may occur: sections 111 (assault- ing officers), 751 (escape), and 752 (assisting es- cape) of title 18, United States Code, and sec- tion 1826(c) (escape) of title 28, United States Code; (2) make arrests on Bureau of Prisons prem- ises or reservation land of a penal, detention, or correctional facility without warrant for violations occurring thereon of the following provisions: sections 661 (theft), 1361 (depreda- tion of property), 1363 (destruction of prop- erty), 1791 (contraband), 1792 (mutiny and riot), and 1793 (trespass) of title 18, United States Code; and (3) arrest without warrant for any other of- fense described in title 18 or 21 of the United States Code, if committed on the premises or reservation of a penal or correctional facility of the Bureau of Prisons if necessary to safe- guard security, good order, or government property; if such officer or employee has reasonable grounds to believe that the arrested person is guilty of such offense, and if there is likelihood of such person’s escaping before an arrest war- rant can be obtained. If the arrested person is a fugitive from custody, such prisoner shall be re- turned to custody. Officers and employees of the said Bureau of Prisons may carry firearms under such rules and regulations as the Attorney Gen- eral may prescribe. (June 25, 1948, ch. 645, 62 Stat. 817; Pub. L. 99–646, § 65, Nov. 10, 1986, 100 Stat. 3615.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 753k (June 29, 1940, ch. 449, § 5, 54 Stat. 693). Section was broadened to include authority to make arrests for mutiny, riot or traffic in dangerous instru- mentalities, by reference to section 1792 of this title. Minor changes were made in phraseology and provi- sion for taking arrested person before magistrate was omitted as covered by rule 5(a) of the Federal Rules of Criminal Procedure. Editorial Notes AMENDMENTS 1986—Pub. L. 99–646 amended first sentence generally and substituted ‘‘such prisoner’’ for ‘‘he’’ in second sen- tence. Prior to amendment, first sentence read as fol- lows: ‘‘An officer or employee of the Bureau of Prisons of the Department of Justice may make arrests with- out warrant for violations of any of the provisions of sections 751, 752, 1791, or 1792 of this title, if he has rea- sonable grounds to believe that the arrested person is guilty of such offense, and if there is likelihood of his escaping before a warrant can be obtained for his ar- rest.’’ Executive Documents TRANSFER OF FUNCTIONS Functions of all other officers of Department of Jus- tice and functions of all agencies and employees of such Department, with a few exceptions, transferred to At- torney General, with power vested in him to authorize their performance or performance of any of his func- tions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government Organization and Employees. § 3051. Powers of Special Agents 1 of Bureau of Alcohol, Tobacco, Firearms, and Explosives (a) Special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, as well as any other investigator or officer charged by the Attorney General with the duty of enforcing any of the criminal, seizure, or forfeiture provisions of the laws of the United States, may carry fire- arms, serve warrants and subpoenas issued under the authority of the United States and make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reason- able grounds to believe that the person to be ar- rested has committed or is committing such fel- ony. (b) Any special agent of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may, in re- spect to the performance of his or her duties, make seizures of property subject to forfeiture to the United States. (c)(1) Except as provided in paragraphs (2) and (3), and except to the extent that such provi- sions conflict with the provisions of section 983 of title 18, United States Code, insofar as section 983 applies, the provisions of the Customs laws relating to— (A) the seizure, summary and judicial for- feiture, and condemnation of property;