18-U.S.C.-2236
§2236 – Searches Without Warrant
Pathway
Title 18 > Part I > Chapter 109 > Section 2236
Details
- Reference: Section 2236
- Legend: §2236 – Searches Without Warrant
- USCode Year: 2013
Provision Content
Whoever, being an officer, agent, or employee of the United States or any department or agency thereof, engaged in the enforcement of any law of the United States, searches any private dwelling used and occupied as such dwelling without a warrant directing such search, or maliciously and without reasonable cause searches any other building or property without a search warrant, shall be fined under this title for a first offense; and, for a subsequent offense, shall be fined under this title or imprisoned not more than one year, or both.
This section shall not apply to any person—
(a) serving a warrant of arrest; or
(b) arresting or attempting to arrest a person committing or attempting to commit an offense in his presence, or who has committed or is suspected on reasonable grounds of having committed a felony; or
(c) making a search at the request or invitation or with the consent of the occupant of the premises.
(June 25, 1948, ch. 645, 62 Stat. 803; Pub. L. 104–294, title VI, §601(a)(8), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107–273, div. B, title IV, §4002(d)(1)(C)(iii), Nov. 2, 2002, 116 Stat. 1809.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §53a (Aug. 27, 1935, ch. 740, §201, 49 Stat. 877).
Words or any department or agency thereof were inserted to avoid ambiguity as to scope of section. (See definitive section 6 of this title.)
The exception in the case of an invitation or the consent of the occupant, was inserted to make the section complete and remove any doubt as to the application of this section to searches which have uniformly been upheld.
Reference to misdemeanor was omitted in view of definitive section 1 of this title. (See revisers note under section 212 of this title.)
Words upon conviction thereof shall be were omitted as surplusage, since punishment cannot be imposed until conviction is secured.
Minor changes were made in phraseology.
Amendments
2002—Pub. L. 107–273 inserted under this title after warrant, shall be fined and struck out not more than $1,000 after for a first offense.
1996—Pub. L. 104–294 substituted fined under this title for fined not more than $1,000.
U.S. Encyclopedia of Law Coverage
18-U.S.C.-2233 in the Legal Encyclopedia: Criminal Law
In this entry about 18-U.S.C.-2233, find legal reference material, bibliographies and premiere content related to criminal law in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal law-specific issues, written by authorities in the field.
Chapter 107 – Seamen and Stowaways in the Legal Encyclopedia: Crimes
In this entry about Chapter 107 – Seamen and Stowaways, find legal reference material, bibliographies and premiere content related to crimes in the American Encyclopedia of Law, presenting a comprehensive view of the United States crimes-specific issues, written by authorities in the field.
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