18 U.S.C. § 3112 — Untitled legal text

Page 708 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3104 Subsec. (b)(3). Pub. L. 109–177, § 114(a)(1), added par. (3) and struck out former par. (3) which read as follows: ‘‘the warrant provides for the giving of such notice within a reasonable period of its execution, which pe- riod may thereafter be extended by the court for good cause shown.’’ Subsecs. (c), (d). Pub. L. 109–177, § 114(a)(2), (c), added subsecs. (c) and (d). 2001—Pub. L. 107–56 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). § 3104. Issuance of search warrant; contents— (Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Issuance of search warrant on affidavit; contents to identify persons or place; command to search forth- with, Rule 41(c). (June 25, 1948, ch. 645, 62 Stat. 819.) § 3105. Persons authorized to serve search war- rant A search warrant may in all cases be served by any of the officers mentioned in its direction or by an officer authorized by law to serve such warrant, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution. (June 25, 1948, ch. 645, 62 Stat. 819.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 617 (June 15, 1917, ch. 30, title XI, § 7, 40 Stat. 229). Minor change was made in phraseology. § 3106. Officer authorized to serve search war- rant—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Officer to whom search warrant shall be directed, Rule 41(c). (June 25, 1948, ch. 645, 62 Stat. 819.) § 3107. Service of warrants and seizures by Fed- eral Bureau of Investigation The Director, Associate Director, Assistant to the Director, Assistant Directors, agents, and inspectors of the Federal Bureau of Investiga- tion of the Department of Justice are empow- ered to make seizures under warrant for viola- tion of the laws of the United States. (June 25, 1948, ch. 645, 62 Stat. 819; Jan. 10, 1951, ch. 1221, § 2, 64 Stat. 1239.) HISTORICAL AND REVISION NOTES Based on section 300a of title 5, U.S.C., 1940 ed., Exec- utive Departments and Government Officers and Em- ployees (June 18, 1934, ch. 595, 48 Stat. 1008; Mar. 22, 1935, ch. 39, title II, 49 Stat. 77). Section 300a of title 5, U.S.C., 1940 ed., Executive De- partments and Government Officers and Employees, was used as the basis for this section and section 3052 of this title. Editorial Notes AMENDMENTS 1951—Act Jan. 10, 1951, included within its provisions the Associate Director and the Assistant to the Direc- tor. 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. § 3108. Execution, service, and return—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Method and time for execution, service and return of search warrant, Rule 41(c), (d). (June 25, 1948, ch. 645, 62 Stat. 819.) § 3109. Breaking doors or windows for entry or exit The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute a search warrant, if, after notice of his authority and purpose, he is refused admittance or when nec- essary to liberate himself or a person aiding him in the execution of the warrant. (June 25, 1948, ch. 645, 62 Stat. 820.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 618, 619 (June 15, 1917, ch. 30, title XI, §§ 8, 9, 40 Stat. 229). Said sections 618 and 619 were consolidated with minor changes in phraseology but without change of substance. § 3110. Property defined—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Term ‘‘property’’ as used in Rule 41 includes docu- ments, books, papers and any other tangible objects, Rule 41(g). (June 25, 1948, ch. 645, 62 Stat. 820.) Editorial Notes REFERENCES IN TEXT Rule 41(g), referred to in text, was redesignated 41(h) by 1972 amendment eff. Oct. 1, 1972. § 3111. Property seizable on search warrant— (Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Specified property seizable on search warrant, Rule 41(b). (June 25, 1948, ch. 645, 62 Stat. 820.) [§ 3112. Repealed. Pub. L. 97–79, § 9(b)(3), Nov. 16, 1981, 95 Stat. 1079] Section, acts June 25, 1948, ch. 645, 62 Stat. 820; Dec. 5, 1969, Pub. L. 91–135, § 7(c), 83 Stat. 281; Nov. 8, 1978, Pub. L. 95–616, § 3(j)(1), 92 Stat. 3112, provided for issuance of search warrants for seizure of animals, birds, and eggs. See section 3375 of Title 16, Conserva- tion. § 3113. Liquor violations in Indian country If any superintendent of Indian affairs, or commanding officer of a military post, or spe- cial agent of the Office of Indian Affairs for the suppression of liquor traffic among Indians and in the Indian country and any authorized depu- ties under his supervision has probable cause to believe that any person is about to introduce or