18 U.S.C. § 3051 — Powers of Special Agents 1 of Bureau of

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; Page 692 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3052 (B) the disposition of such property; (C) the remission or mitigation of such for- feiture; and (D) the compromise of claims, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under any ap- plicable provision of law enforced or adminis- tered by the Bureau of Alcohol, Tobacco, Fire- arms, and Explosives. (2) For purposes of paragraph (1), duties that are imposed upon a customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws of the United States shall be performed with respect to seizures and forfeitures of property under this section by such officers, agents, or any other person as may be authorized or designated for that purpose by the Attorney General. (3) Notwithstanding any other provision of law, the disposition of firearms forfeited by rea- son of a violation of any law of the United States shall be governed by the provisions of section 5872(b) of the Internal Revenue Code of 1986. (Added Pub. L. 107–296, title XI, § 1113, Nov. 25, 2002, 116 Stat. 2279.) Editorial Notes REFERENCES IN TEXT Section 5872(b) of the Internal Revenue Code of 1986, referred to in subsec. (c)(3), is classified to section 5872(b) of Title 26, Internal Revenue Code. PRIOR PROVISIONS A prior section 3051, act June 25, 1948, ch. 645, § 1, 62 Stat. 817, related to powers of extradition agents, prior to repeal by act Oct. 31, 1951, ch. 655, § 56(f), 65 Stat. 729. Substantially identical provisions are contained in sec- tion 3193 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 60 days after Nov. 25, 2002, see sec- tion 4 of Pub. L. 107–296, set out as a note under section 101 of Title 6, Domestic Security. § 3052. Powers of Federal Bureau of Investigation The Director, Associate Director, Assistant to the Director, Assistant Directors, inspectors, and agents of the Federal Bureau of Investiga- tion of the Department of Justice may carry firearms, 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. (June 25, 1948, ch. 645, 62 Stat. 817; Jan. 10, 1951, ch. 1221, § 1, 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). Language relating to seizures under warrant is in sec- tion 3107 of this title. Minor changes were made in phraseology particularly with respect to omission of provision covered by rule 5(a) of Federal Rules of Criminal Procedure. Editorial Notes AMENDMENTS 1951—Act Jan. 10, 1951, allowed F. B. I. personnel to make arrests without a warrant for any offense against the United States committed in their presence. 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. § 3053. Powers of marshals and deputies United States marshals and their deputies may carry firearms and may make arrests with- out 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 reasonable grounds to be- lieve that the person to be arrested has com- mitted or is committing such felony. (June 25, 1948, ch. 645, 62 Stat. 817.) HISTORICAL AND REVISION NOTES Based on section 504a of title 28, U.S.C., 1940 ed., Judi- cial Code and Judiciary (June 15, 1935, ch. 259, § 2, 49 Stat. 378). Minor changes were made in phraseology. 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. [§ 3054. Repealed. Pub. L. 97–79, § 9(b)(3), Nov. 16, 1981, 95 Stat. 1079] Section, acts June 25, 1948, ch. 645, 62 Stat. 817; Dec. 5, 1969, Pub. L. 91–135, § 7(b), 83 Stat. 281, provided for an officer’s power to act in enforcing sections 42, 43, and 44 of this title relating to animals and birds. See section 3375 of Title 16, Conservation. § 3055. Officers’ powers to suppress Indian liquor traffic The chief special officer for the suppression of the liquor traffic among Indians and duly au- thorized officers working under his supervision whose appointments are made or affirmed by the Commissioner of Indian Affairs or the Secretary of the Interior may execute all warrants of ar- rest and other lawful precepts issued under the authority of the United States and in the execu- tion of his duty he may command all necessary assistance.