Legislación
US (United States) Code. Title 18. Chapter 205: Searches and seizures
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18 USC CHAPTER 205 - SEARCHES AND SEIZURES 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 205 - SEARCHES AND SEIZURES
.
-HEAD-
CHAPTER 205 - SEARCHES AND SEIZURES
-MISC1-
Sec.
3101. Effect of rules of court - Rule.
3102. Authority to issue search warrant - Rule.
3103. Grounds for issuing search warrant - Rule.
3103a. Additional grounds for issuing warrant.
3104. Issuance of search warrant; contents - Rule.
3105. Persons authorized to serve search warrant.
3106. Officer authorized to serve search warrant - Rule.
3107. Service of warrants and seizures by Federal Bureau of
Investigation.
3108. Execution, service, and return - Rule.
3109. Breaking doors or windows for entry or exit.
3110. Property defined - Rule.
3111. Property seizable on search warrant - Rule.
(3112. Repealed.)
3113. Liquor violations in Indian country.
3114. Return of seized property and suppression of evidence; motion
- Rule.
3115. Inventory upon execution and return of search warrant - Rule.
3116. Records of examining magistrate judge; return to clerk of
court - Rule.
3117. Mobile tracking devices.
3118. Implied consent for certain tests.
-COD-
CODIFICATION
Pub. L. 90-351 enacted section 3103a of this title as part of
chapter 204, and Pub. L. 90-462, Sec. 3, Aug. 8, 1968, 82 Stat.
638, corrected the chapter designation from 204 to 205.
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AMENDMENTS
1990 - Pub. L. 101-647, title XXXV, Sec. 3573(d), Nov. 29, 1990,
104 Stat. 4929, struck out item 3112 ''Search warrants for seizure
of animals, birds, or eggs'' and renumbered item 3117, ''Implied
consent for certain tests'', as 3118.
1988 - Pub. L. 100-690, title VI, Sec. 6477(b)(2), Nov. 18, 1988,
102 Stat. 4381, added item 3117 ''Implied consent for certain
tests''.
1986 - Pub. L. 99-508, title I, Sec. 108(b), Oct. 21, 1986, 100
Stat. 1858, added item 3117 ''Mobile tracking devices''.
1968 - Pub. L. 90-351, title IX, Sec. 1401(b), June 19, 1968, 82
Stat. 238, added item 3103a.
-CHANGE-
CHANGE OF NAME
Words ''magistrate judge'' substituted for ''magistrate'' in item
3116 pursuant to section 321 of Pub. L. 101-650, set out as a note
under section 631 of Title 28, Judiciary and Judicial Procedure.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in title 26 section 7302.
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18 USC Sec. 3101 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 205 - SEARCHES AND SEIZURES
-HEAD-
Sec. 3101. Effect of rules of court - (Rule)
-STATUTE-
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Rules generally applicable throughout United States, Rule 54.
Acts of Congress superseded, Rule 41(g).
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 819.)
-REFTEXT-
REFERENCES IN TEXT
Rule 41(g), referred to in text, was relettered 41(h) by 1972
amendment eff. Oct. 1, 1972.
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18 USC Sec. 3102 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 205 - SEARCHES AND SEIZURES
-HEAD-
Sec. 3102. Authority to issue search warrant - (Rule)
-STATUTE-
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Federal, State or Territorial Judges, or U.S. magistrate judges
authorized to issue search warrants, Rule 41(a).
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 819; Pub. L. 90-578, title III,
Sec. 301(a)(4), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101-650,
title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
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AMENDMENTS
1968 - Pub. L. 90-578 substituted ''magistrates'' for
''Commissioners''.
-CHANGE-
CHANGE OF NAME
''U.S. magistrate judges'' substituted for ''U.S. magistrates''
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.
-MISC4-
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 amendment 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.
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18 USC Sec. 3103 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 205 - SEARCHES AND SEIZURES
-HEAD-
Sec. 3103. Grounds for issuing search warrant - (Rule)
-STATUTE-
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Grounds prescribed for issuance of search warrant, Rule 41(b).
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 819.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3103a of this title.
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18 USC Sec. 3103a 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 205 - SEARCHES AND SEIZURES
-HEAD-
Sec. 3103a. Additional grounds for issuing warrant
-STATUTE-
(a) In General. - In addition to the grounds for issuing a
warrant in section 3103 of this title, a warrant may be issued to
search for and seize any property that constitutes evidence of a
criminal offense in violation of the laws of the United States.
(b) Delay. - With respect to the issuance of any warrant or court
order under this section, or any other rule of law, to search for
and seize any property or material that constitutes evidence of a
criminal offense in violation of the laws of the United States, any
notice required, or that may be required, to be given may be
delayed if -
(1) the court finds reasonable cause to believe that providing
immediate notification of the execution of the warrant may have
an adverse result (as defined in section 2705);
(2) the warrant prohibits the seizure of any tangible property,
any wire or electronic communication (as defined in section
2510), or, except as expressly provided in chapter 121, any
stored wire or electronic information, except where the court
finds reasonable necessity for the seizure; and
(3) the warrant provides for the giving of such notice within a
reasonable period of its execution, which period may thereafter
be extended by the court for good cause shown.
-SOURCE-
(Added Pub. L. 90-351, title IX, Sec. 1401(a), June 19, 1968, 82
Stat. 238; amended Pub. L. 107-56, title II, Sec. 213, Oct. 26,
2001, 115 Stat. 285.)
-COD-
CODIFICATION
Pub. L. 90-351 enacted section 3103a of this title as part of
chapter 204, and Pub. L. 90-462, Sec. 3, Aug. 8, 1968, 82 Stat.
638, corrected the chapter designation from 204 to 205.
-MISC3-
AMENDMENTS
2001 - Pub. L. 107-56 designated existing provisions as subsec.
(a), inserted heading, and added subsec. (b).
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18 USC Sec. 3104 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 205 - SEARCHES AND SEIZURES
-HEAD-
Sec. 3104. Issuance of search warrant; contents - (Rule)
-STATUTE-
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Issuance of search warrant on affidavit; contents to identify
persons or place; command to search forthwith, Rule 41(c).
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 819.)
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18 USC Sec. 3105 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 205 - SEARCHES AND SEIZURES
-HEAD-
Sec. 3105. Persons authorized to serve search warrant
-STATUTE-
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.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 819.)
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HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 617 (June 15, 1917, ch.
30, title XI, Sec. 7, 40 Stat. 229).
Minor change was made in phraseology.
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18 USC Sec. 3106 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 205 - SEARCHES AND SEIZURES
-HEAD-
Sec. 3106. Officer authorized to serve search warrant - (Rule)
-STATUTE-
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Officer to whom search warrant shall be directed, Rule 41(c).
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 819.)
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18 USC Sec. 3107 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 205 - SEARCHES AND SEIZURES
-HEAD-
Sec. 3107. Service of warrants and seizures by Federal Bureau of
Investigation
-STATUTE-
The Director, Associate Director, Assistant to the Director,
Assistant Directors, agents, and inspectors of the Federal Bureau
of Investigation of the Department of Justice are empowered to make
seizures under warrant for violation of the laws of the United
States.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 819; Jan. 10, 1951, ch. 1221,
Sec. 2, 64 Stat. 1239.)
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HISTORICAL AND REVISION NOTES
Based on section 300a of title 5, U.S.C., 1940 ed., Executive
Departments and Government Officers and Employees (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 Departments
and Government Officers and Employees, was used as the basis for
this section and section 3052 of this title.
AMENDMENTS
1951 - Act Jan. 10, 1951, included within its provisions the
Associate Director and the Assistant to the Director.
-TRANS-
TRANSFER OF FUNCTIONS
Functions of all other officers of Department of Justice and
functions of all agencies and employees of such Department, with a
few exceptions, transferred to Attorney General, with power vested
in him to authorize their performance or performance of any of his
functions by any of such officers, agencies, and employees, by
Reorg. Plan No. 2 of 1950, Sec. 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.
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18 USC Sec. 3108 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 205 - SEARCHES AND SEIZURES
-HEAD-
Sec. 3108. Execution, service, and return - (Rule)
-STATUTE-
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Method and time for execution, service and return of search
warrant, Rule 41(c), (d).
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 819.)
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18 USC Sec. 3109 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 205 - SEARCHES AND SEIZURES
-HEAD-
Sec. 3109. Breaking doors or windows for entry or exit
-STATUTE-
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 necessary to liberate himself or a
person aiding him in the execution of the warrant.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 820.)
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HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 618, 619 (June 15,
1917, ch. 30, title XI, Sec. 8, 9, 40 Stat. 229).
Said sections 618 and 619 were consolidated with minor changes in
phraseology but without change of substance.
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18 USC Sec. 3110 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 205 - SEARCHES AND SEIZURES
-HEAD-
Sec. 3110. Property defined - (Rule)
-STATUTE-
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Term ''property'' as used in Rule 41 includes documents, books,
papers and any other tangible objects, Rule 41(g).
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 820.)
-REFTEXT-
REFERENCES IN TEXT
Rule 41(g), referred to in text, was redesignated 41(h) by 1972
amendment eff. Oct. 1, 1972.
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18 USC Sec. 3111 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 205 - SEARCHES AND SEIZURES
-HEAD-
Sec. 3111. Property seizable on search warrant - (Rule)
-STATUTE-
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Specified property seizable on search warrant, Rule 41(b).
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 820.)
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18 USC Sec. 3112 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 205 - SEARCHES AND SEIZURES
-HEAD-
(Sec. 3112. Repealed. Pub. L. 97-79, Sec. 9(b)(3), Nov. 16, 1981,
95 Stat. 1079)
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Section, acts June 25, 1948, ch. 645, 62 Stat. 820; Dec. 5, 1969,
Pub. L. 91-135, Sec. 7(c), 83 Stat. 281; Nov. 8, 1978, Pub. L.
95-616, Sec. 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, Conservation.
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18 USC Sec. 3113 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 205 - SEARCHES AND SEIZURES
-HEAD-
Sec. 3113. Liquor violations in Indian country
-STATUTE-
If any superintendent of Indian affairs, or commanding officer of
a military post, or special agent of the Office of Indian Affairs
for the suppression of liquor traffic among Indians and in the
Indian country and any authorized deputies under his supervision
has probable cause to believe that any person is about to introduce
or 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 conveyances 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 revoked
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 scientific, sacramental,
medicinal, or mechanical purposes or such as may be introduced
therein by the Department of the Army.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 820; Oct. 31, 1951, ch. 655, Sec.
30, 65 Stat. 721; Pub. L. 103-322, title XXXIII, Sec. 330004(15),
Sept. 13, 1994, 108 Stat. 2142.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on sections 246, 248, 252 of title 25, U.S.C., 1940 ed.,
Indians (R.S. Sec. 2140; Mar. 1, 1907, ch. 2285, 34 Stat. 1017; May
18, 1916, ch. 125, Sec. 1, 39 Stat. 124).
Said sections 246, 248, and 252 were consolidated. References 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.
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 competent
witnesses.''
1951 - Act Oct. 31, 1951, substituted ''Department of the Army''
for ''War Department'' in second par.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1161, 3670 of this title.
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18 USC Sec. 3114 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 205 - SEARCHES AND SEIZURES
-HEAD-
Sec. 3114. Return of seized property and suppression of evidence;
motion - (Rule)
-STATUTE-
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Return of property and suppression of evidence upon motion, Rule
41(e).
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 820.)
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18 USC Sec. 3115 01/06/03
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 205 - SEARCHES AND SEIZURES
-HEAD-
Sec. 3115. Inventory upon execution and return of search warrant -
(Rule)
-STATUTE-
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Inventory of property seized under search warrant and copies to
persons affected, Rule 41(d).
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 820.)
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18 USC Sec. 3116 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 205 - SEARCHES AND SEIZURES
-HEAD-
Sec. 3116. Records of examining magistrate judge; return to clerk
of court - (Rule)
-STATUTE-
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).
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 821; Pub. L. 90-578, title III,
Sec. 301(a)(4), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101-650,
title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
-MISC1-
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 Federal Rules of Criminal Procedure.
-REFTEXT-
REFERENCES IN TEXT
Rule 41(f), referred to in text, was redesignated 41(g) by 1972
amendment eff. Oct. 1, 1972.
-MISC2-
AMENDMENTS
1968 - Pub. L. 90-578 substituted ''Magistrates'' for
''Commissioners''.
-CHANGE-
CHANGE OF NAME
Words ''magistrate judge'' substituted for ''magistrate'' in
section catchline and ''Magistrate judges'' substituted for
''Magistrates'' 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.
-MISC4-
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 amendment 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.
-CITE-
18 USC Sec. 3117 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 205 - SEARCHES AND SEIZURES
-HEAD-
Sec. 3117. Mobile tracking devices
-STATUTE-
(a) In General. - If a court is empowered to issue a warrant or
other order for the installation of a mobile tracking device, such
order may authorize the use of that device within the jurisdiction
of the court, and outside that jurisdiction if the device is
installed in that jurisdiction.
(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.
-SOURCE-
(Added Pub. L. 99-508, title I, Sec. 108(a), Oct. 21, 1986, 100
Stat. 1858.)
-COD-
CODIFICATION
Another section 3117 was renumbered section 3118 of this title.
-MISC3-
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 extensions 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
Amendment note under section 2510 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2510 of this title.
-CITE-
18 USC Sec. 3118 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 205 - SEARCHES AND SEIZURES
-HEAD-
Sec. 3118. Implied consent for certain tests
-STATUTE-
(a) Consent. - Whoever operates a motor vehicle in the special
maritime and territorial jurisdiction of the United States consents
thereby to a chemical test or tests of such person's blood, breath,
or urine, if arrested for any offense arising from such person's
driving while under the influence of a drug or alcohol in such
jurisdiction. The test or tests shall be administered upon the
request of a police officer having reasonable grounds to believe
the person arrested to have been driving a motor vehicle upon the
special maritime and territorial jurisdiction of the United States
while under the influence of drugs or alcohol in violation of the
laws of a State, territory, possession, or district.
(b) Effect of Refusal. - Whoever, having consented to a test or
tests by reason of subsection (a), refuses to submit to such a test
or tests, after having first been advised of the consequences of
such a refusal, shall be denied the privilege of operating a motor
vehicle upon the special maritime and territorial jurisdiction of
the United States during the period of a year commencing on the
date of arrest upon which such test or tests was refused, and such
refusal may be admitted into evidence in any case arising from such
person's driving while under the influence of a drug or alcohol in
such jurisdiction. Any person who operates a motor vehicle in the
special maritime and territorial jurisdiction of the United States
after having been denied such privilege under this subsection shall
be treated for the purposes of any civil or criminal proceedings
arising out of such operation as operating such vehicle without a
license to do so.
-SOURCE-
(Added Pub. L. 100-690, title VI, Sec. 6477(b)(1), Nov. 18, 1988,
102 Stat. 4381, Sec. 3117; renumbered Sec. 3118, Pub. L. 101-647,
title XXXV, Sec. 3574, Nov. 29, 1990, 104 Stat. 4929.)
-MISC1-
AMENDMENTS
1990 - Pub. L. 101-647 renumbered second section 3117 of this
title as this section.
-CITE-
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |