19 U.S.C. § 1595 — Searches and seizures

Page 289 TITLE 19—CUSTOMS DUTIES § 1595 the conveyance may be seized, and after inves- tigation, forfeited unless it is established that neither the owner or operator, master, pilot, nor any other employee responsible for maintaining and insuring the accuracy of the cargo manifest knew, or by the exercise of the highest degree of care and diligence could have known, that such merchandise was on board. (d) Definitions For purposes of this section— (1) The term ‘‘owner or operator’’ includes— (A) a lessee or person operating a convey- ance under a rental agreement or charter party; and (B) the officers and directors of a corpora- tion; (C) station managers and similar super- visory ground personnel employed by air- lines; (D) one or more partners of a partnership; (E) representatives of the owner or oper- ator in charge of the passenger or cargo op- erations at a particular location; and (F) and other persons with similar respon- sibilities. (2) The term ‘‘master’’ and similar terms re- lating to the person in charge of a conveyance includes the purser or other person on the con- veyance who is responsible for maintaining records relating to the cargo transported in the conveyance. (e) Costs and expenses of seizure When a common carrier has been seized in ac- cordance with the provisions of subsection (c) and it is subsequently determined that a viola- tion of such subsection occurred but that the vessel will be released, the conveyance is liable for the costs and expenses of the seizure and de- tention. (June 17, 1930, ch. 497, title IV, § 594, 46 Stat. 751; Pub. L. 99–570, title III, § 3121, Oct. 27, 1986, 100 Stat. 3207–86; Pub. L. 100–690, title VI, § 6076(b), Nov. 18, 1988, 102 Stat. 4324.) Editorial Notes PRIOR PROVISIONS Provisions substantially similar to subsec. (a) of this section, so far as it relates to vessels, except that they referred to the ‘‘revenue laws,’’ instead of the ‘‘customs laws,’’ were contained in R.S. § 3088. Provisions sub- stantially similar to subsec. (b), so far as it relates to vessels, were contained in act Feb. 8, 1881, ch. 34, 21 Stat. 322. Provisions similar to subsec. (b), except that they applied to railway cars, engines, other vehicles, and teams, and referred to the owner, superintendent, or agent of the owner in charge, instead of the ‘‘con- ductor, driver,’’ etc., were contained in R.S. § 3063. All of these sections were superseded and more closely as- similated to this section by act Sept. 21, 1922, ch. 356, title IV, § 594, 42 Stat. 982, and repealed by sections 642 and 643 thereof. Section 594 of the 1922 act was super- seded by section 594 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. AMENDMENTS 1988—Subsec. (b). Pub. L. 100–690 designated existing provisions as par. (1), redesignated former pars. (1), (2), and (3) as subpars. (A), (B), and (C), respectively, and added par. (2). 1986—Pub. L. 99–570 amended section generally. Prior to amendment, section catchline read ‘‘Libel of vessels and vehicles’’ and text read as follows: ‘‘Whenever a vessel or vehicle, or the owner or master, conductor, driver, or other person in charge thereof, has become subject to a penalty for violation of the customs-rev- enue laws of the United States, such vessel or vehicle shall be held for the payment of such penalty and may be seized and proceeded against summarily by libel to recover the same: Provided, That no vessel or vehicle used by any person as a common carrier in the trans- action of business as such common carrier shall be so held or subject to seizure or forfeiture under the cus- toms laws, unless it shall appear that the owner or master of such vessel or the conductor, driver, or other person in charge of such vehicle was at the time of the alleged illegal act a consenting party or privy thereto.’’ § 1595. Searches and seizures (a) Warrant (1) If any officer or person authorized to make searches and seizures has probable cause to be- lieve that— (A) any merchandise upon which the duties have not been paid, or which has been other- wise brought into the United States unlaw- fully; (B) any property which is subject to for- feiture under any provision of law enforced or administered by the United States Customs Service; or (C) any document, container, wrapping, or other article which is evidence of a violation of section 1592 of this title involving fraud or of any other law enforced or administered by the United States Customs Service, is in any dwelling house, store, or other building or place, he may make application, under oath, to any justice of the peace, to any municipal, county, State, or Federal judge, or to any Fed- eral magistrate judge, and shall thereupon be entitled to a warrant to enter such dwelling house in the daytime only, or such store or other place at night or by day, and to search for and seize such merchandise or other article de- scribed in the warrant. (2) If any house, store, or other building or place, in which any merchandise or other article subject to forfeiture is found, is upon or within 10 feet of the boundary line between the United States and a foreign country, such portion thereof that is within the United States may be taken down or removed. (b) Entry upon property of others Any person authorized by this chapter to make searches and seizures, or any person as- sisting him or acting under his directions, may, if deemed necessary by him or them, enter into or upon or pass through the lands, inclosures, and buildings, other than the dwelling house, of any person whomsoever, in the discharge of his official duties. (June 17, 1930, ch. 497, title IV, § 595, 46 Stat. 752; Pub. L. 91–271, title III, § 301(y), June 2, 1970, 84 Stat. 290; Pub. L. 99–570, title III, § 3122, Oct. 27, 1986, 100 Stat. 3207–87; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 595, 42 Page 290 TITLE 19—CUSTOMS DUTIES § 1595a Stat. 983. That section was superseded by section 595 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. Provisions somewhat similar to those in subsec. (a), but authorizing searches in the daytime only, with a further provision as to forfeitures, were contained in R.S. § 3066, as amended by act Apr. 25, 1882, ch. 89, 22 Stat. 49. Provisions for searches of buildings on or near the boundary line, and for seizure and forfeiture of mer- chandise, and removal of the building, were contained in R.S. § 3107. Provisions empowering persons, author- ized to make searches and seizures, to enter into or upon lands, inclosures, and buildings, were contained in R.S. § 3065. All of these sections were repealed by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989. R.S. § 3091, authorized the issuance of a warrant, upon complaint and affidavit of fraud on the revenue, direct- ing the marshal of the district to enter any place and seize books or papers relating to merchandise in re- spect to which the alleged fraud was committed, and produce them before the judge. R.S. § 3092, provided that no warrant for such seizure should be issued unless the complaint should set forth the character of the fraud alleged, its nature, the im- portations in respect to which it was committed, and the papers to be seized, and required the return of such warrant as other warrants are returned. R.S. § 3093, provided that books and papers so seized should be subject to the order of the judge, who should allow the examination of the same by the collector or any officer authorized by him, and authorized the re- tention by the judge of such books and papers as he might deem necessary. The provisions of act July 18, 1866, § 39, and of act Mar. 2, 1867, § 2, which were incorporated into these three sections, were repealed by the Anti-Moiety Act of June 22, 1874, ch. 391, § 1, 18 Stat. 186. These sections were repealed, therefore, by that act, it having effect as subsequent to the Revised Statutes, and as repealing any portion of the revision inconsistent therewith, by virtue of R.S. § 5601. AMENDMENTS 1986—Subsec. (a). Pub. L. 99–570 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘If any officer or person authorized to make searches and seizures shall have cause to suspect the presence in any dwelling house, store, or other building or place of any merchandise upon which the duties have not been paid, or which has been otherwise brought into the United States contrary to law, he may make application, under oath, to any justice of the peace, to any municipal, county, State, or Federal judge, or to any United States magistrate, and shall thereupon be entitled to a warrant to enter such dwelling house in the daytime only, or such store or other place at night or by day, and to search for and seize such merchan- dise: Provided, That if any such house, store, or other building, or place in which such merchandise shall be found, is upon or within ten feet of the boundary line between the United States and a foreign country, such portion thereof as is within the United States may forthwith be taken down or removed.’’ 1970—Subsec. (a). Pub. L. 91–271 struck out ‘‘collector of customs or other’’ before ‘‘officer or person’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Magistrate judge’’ substituted for ‘‘magistrate’’ in subsec. (a)(1) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. 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. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. § 1595a. Aiding unlawful importation (a) Importation, removal, etc. contrary to laws of United States Except as specified in subsection (b) or (c) of section 1594 of this title, every vessel, vehicle, animal, aircraft, or other thing used in, to aid in, or to facilitate, by obtaining information or in any other way, the importation, bringing in, unlading, landing, removal, concealing, har- boring, or subsequent transportation of any arti- cle which is being or has been introduced, or at- tempted to be introduced, into the United States contrary to law, whether upon such ves- sel, vehicle, animal, aircraft, or other thing or otherwise, may be seized and forfeited together with its tackle, apparel, furniture, harness, or equipment. (b) Penalty for aiding unlawful importation Every person who directs, assists financially or otherwise, or is in any way concerned in any unlawful activity mentioned in the preceding subsection shall be liable to a penalty equal to the value of the article or articles introduced or attempted to be introduced. (c) Merchandise introduced contrary to law Merchandise which is introduced or attempted to be introduced into the United States contrary to law shall be treated as follows: (1) The merchandise shall be seized and for- feited if it— (A) is stolen, smuggled, or clandestinely imported or introduced; (B) is a controlled substance, as defined in the Controlled Substances Act (21 U.S.C. 801 et seq.), and is not imported in accordance with applicable law; (C) is a contraband article, as defined in section 80302 of title 49; or (D) is a plastic explosive, as defined in sec- tion 841(q) of title 18, which does not contain a detection agent, as defined in section 841(p) of such title. (2) The merchandise may be seized and for- feited if— (A) its importation or entry is subject to any restriction or prohibition which is im- posed by law relating to health, safety, or conservation and the merchandise is not in compliance with the applicable rule, regula- tion, or statute; (B) its importation or entry requires a li- cense, permit or other authorization of an agency of the United States Government and