18 U.S.C. § 2236 — Searches without warrant

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 search warrant, shall be fined under this title for a first offense; and, for a subsequent offense, shall be fined under this title or imprisoned not more than one year, or both. This section shall not apply to any person— (a) serving a warrant of arrest; or (b) arresting or attempting to arrest a per- son committing or attempting to commit an offense in his presence, or who has com- mitted or is suspected on reasonable grounds of having committed a felony; or (c) making a search at the request or invi- tation or with the consent of the occupant of the premises. (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 IV, § 4002(d)(1)(C)(iii), Nov. 2, 2002, 116 Stat. 1809.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 53a (Aug. 27, 1935, ch. 740, § 201, 49 Stat. 877). Words ‘‘or any department or agency thereof’’ were inserted to avoid ambiguity as to scope of section. (See definitive section 6 of this title.) The exception in the case of an invitation or the con- sent of the occupant, was inserted to make the section complete and remove any doubt as to the application of this section to searches which have uniformly been upheld. Reference to misdemeanor was omitted in view of de- finitive section 1 of this title. (See reviser’s note under section 212 of this title.) Words ‘‘upon conviction thereof shall be’’ were omit- ted as surplusage, since punishment cannot be imposed until conviction is secured. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 2002—Pub. L. 107–273 inserted ‘‘under this title’’ after ‘‘warrant, shall be fined’’ and struck out ‘‘not more than $1,000’’ after ‘‘for a first offense’’. 1996—Pub. L. 104–294 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 2237. Criminal sanctions for failure to heave to, obstruction of boarding, or providing false information (a)(1) It shall be unlawful for the master, oper- ator, or person in charge of a vessel of the United States, or a vessel subject to the juris- diction 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 des- tination, origin, ownership, registration, na- tionality, cargo, or crew. (b)(1) Except as otherwise provided in this sub- section, 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 aggra- vating 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 sub- paragraph (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 of- fender shall be fined under this title or impris- oned 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 trans- portation under inhumane conditions, and is committed in the course of a violation of section