18 U.S.C. § 3113 — Liquor violations in Indian country

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 Page 709 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3117 has introduced any spirituous liquor, beer, wine or other intoxicating liquors named in sections 1154 and 1156 of this title into the Indian country in violation of law, he may cause the places, conveyances, and packages of such person to be searched. If any such intoxicating liquor is found therein, the same, together with such con- veyances and packages of such person, shall be seized and delivered to the proper officer, and shall be proceeded against by libel in the proper court, and forfeited, one-half to the informer and one-half to the use of the United States. If such person be a trader, his license shall be re- voked and his bond put in suit. Any person in the service of the United States authorized by this section to make searches and seizures, or any Indian may take and destroy any ardent spirits or wine found in the Indian country, except such as are kept or used for sci- entific, sacramental, medicinal, or mechanical purposes or such as may be introduced therein by the Department of the Army. (June 25, 1948, ch. 645, 62 Stat. 820; Oct. 31, 1951, ch. 655, § 30, 65 Stat. 721; Pub. L. 103–322, title XXXIII, § 330004(15), Sept. 13, 1994, 108 Stat. 2142.) HISTORICAL AND REVISION NOTES Based on sections 246, 248, 252 of title 25, U.S.C., 1940 ed., Indians (R.S. § 2140; Mar. 1, 1907, ch. 2285, 34 Stat. 1017; May 18, 1916, ch. 125, § 1, 39 Stat. 124). Said sections 246, 248, and 252 were consolidated. Ref- erences to Indian agent and subagent were deleted since those positions no longer exist. See section 64 of title 25, U.S.C., 1940 ed., Indians, and notes thereunder. Words ‘‘except such as are kept or used for scientific, sacramental, medicinal or mechanical purposes’’ were inserted. See reviser’s note under section 1154 of this title. Words ‘‘conveyances and packages’’ were substituted for the enumeration, ‘‘boats, teams, wagons and sleds * * * and goods, packages and peltries.’’ Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 struck out last par. which read as follows: ‘‘In all cases arising under this section and sections 1154 and 1156 of this title, Indians shall be com- petent witnesses.’’ 1951—Act Oct. 31, 1951, substituted ‘‘Department of the Army’’ for ‘‘War Department’’ in second par. § 3114. Return of seized property and suppres- sion of evidence; motion—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Return of property and suppression of evidence upon motion, Rule 41(e). (June 25, 1948, ch. 645, 62 Stat. 820.) § 3115. Inventory upon execution and return of search warrant—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Inventory of property seized under search warrant and copies to persons affected, Rule 41(d). (June 25, 1948, ch. 645, 62 Stat. 820.) § 3116. Records of examining magistrate judge; return to clerk of court—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Magistrate judges and clerks of court to keep records as prescribed by Director of the Administrative Office of the United States Courts, Rule 55. Return or filing of records with clerk, Rule 41(f). (June 25, 1948, ch. 645, 62 Stat. 821; Pub. L. 90–578, title III, § 301(a)(4), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) HISTORICAL AND REVISION NOTES Section 627 of title 18, U.S.C., 1940 ed., relating to the filing of search warrants and companion papers, was omitted as unnecessary in view of Rule 41(f) of the Fed- eral Rules of Criminal Procedure. Editorial Notes REFERENCES IN TEXT Rule 41(f), referred to in text, was redesignated 41(g) by 1972 amendment eff. Oct. 1, 1972. AMENDMENTS 1968—Pub. L. 90–578 substituted ‘‘Magistrates’’ for ‘‘Commissioners’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’ substituted for ‘‘mag- istrate’’ in section catchline and ‘‘Magistrate judges’’ substituted for ‘‘Magistrates’’ in text pursuant to sec- tion 321 of Pub. L. 101–650, set out as a note under sec- tion 631 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amend- ment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. § 3117. Mobile tracking devices (a) IN GENERAL.—If a court is empowered to issue a warrant or other order for the installa- tion of a mobile tracking device, such order may authorize the use of that device within the juris- diction of the court, and outside that jurisdic- tion if the device is installed in that jurisdic- tion. (b) DEFINITION.—As used in this section, the term ‘‘tracking device’’ means an electronic or mechanical device which permits the tracking of the movement of a person or object. (Added Pub. L. 99–508, title I, § 108(a), Oct. 21, 1986, 100 Stat. 1858.) Editorial Notes CODIFICATION Another section 3117 was renumbered section 3118 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and exten- sions made after such date, with special rule for State authorizations of interceptions, see section 111 of Pub. L. 99–508, set out as an Effective Date of 1986 Amend- ment note under section 2510 of this title.