§ 2236. Searches without warrant
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/usc/title-18/section-2236A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 reviser’s 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.
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10 references not yet in our index
- June 25, 1948, ch. 645
- 62 Stat. 803
- Pub. L. 104–294, title VI, § 601(a)(8)
- 110 Stat. 3498
- Pub. L. 107–273, div. B, title IV, § 4002(d)(1)(C)(iii)
- 116 Stat. 1809
- Aug. 27, 1935, ch. 740, § 201
- 49 Stat. 877
- Pub. L. 107–273
- Pub. L. 104–294
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cites case law
§ 2236
Searches without warrant
ActJune 25, 1948, ch. 645
Stat.62 Stat. 803
Pub. L.Pub. L. 104–294, title VI, § 601(a)(8)
Stat.110 Stat. 3498
Pub. L.Pub. L. 107–273, div. B, title IV, § 4002(d)(1)(C)(iii)
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