Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

32707(a)

15:1990e(b)(1) (last sentence).

Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 415; added July 14, 1976, Pub. L. 94–364, § 408(2), 90 Stat. 987.

32707(b)(1)

15:1990e(a) (words before 1st comma).

32707(b)(2)

15:1990e(b)(1) (1st sentence), (2) (1st sentence).

32707(b)(3)

15:1990e(b)(2) (2d, last sentences).

32707(b)(4)

15:1990e(a) (words after 1st comma).

32707(c)(1)

15:1990e(b)(3) (1st, 3d–last sentences).

32707(c)(2)

15:1990e(b)(3) (2d sentence).

32707(c)(3)

15:1990e(b)(4).

In subsection (a), the words “inspection or impoundment” are substituted for “administrative inspections of the area, factory, warehouse, establishment, premises, or motor vehicle, or contents thereof” to eliminate unnecessary words and for consistency in this section.

In subsection (b)(1), the words “Except as provided in paragraph (4) of this subsection” are added for clarity. The words “an inspection or impoundment” are substituted for “any entry or administrative inspection (including impoundment of motor vehicles or motor vehicle equipment)” to eliminate unnecessary words.

In subsection (b)(2), before clause (A), the words “inspection or impoundment” are substituted for “the purpose of conducting administrative inspections authorized by section 1990d of this title and impoundment of motor vehicles or motor vehicle equipment appropriate to such inspections” for consistency in this section. The words “of the court or magistrate” are substituted for “his” for clarity. The words “and upon proper oath or affirmation” are omitted as surplus because of clause (B). Clause (A) is substituted for “showing probable cause” and “and establishing the grounds for issuing the warrant” to eliminate unnecessary words.

In subsection (b)(3), before clause (A), the words “when the judge or magistrate decides there is a reasonable basis for believing that probable cause exists to issue the warrant” are substituted for “If the judge or magistrate is satisfied that grounds for the application exist or that there is a reasonable basis for believing they exist” for consistency in this section and to eliminate unnecessary words. In clauses (A) and (C), the words “area, factory, warehouse, establishment” are omitted as being included in “premises”. In clause (A), the word “property” is substituted for “and, where appropriate, the type of property to be inspected, if any” to eliminate unnecessary words. In clause (B), the words “the name of the affiant” are substituted for “the name of the person or persons whose affidavit has been taken in support thereof” to eliminate unnecessary words. In clause (C), the words “command the person to whom it is directed” are omitted as surplus. The word “property” is added for consistency with the source provisions restated in clause (A) of this paragraph. In clause (E), the words “proof of service is to be filed” are substituted for “it shall be returned” for clarity.

In subsection (b)(4)(A), the words “factory, warehouse, establishment” are omitted as being included in “premises”.

Subsection (b)(4)(C) is substituted for 15:1990e(a)(3) to eliminate unnecessary words.

In subsection (b)(4)(D), the words “are to be inspected and copied” are substituted for “for access to and examination” for consistency.

In subsection (b)(4)(E), the words “in any other situations where” are omitted as surplus.

In subsection (c)(2)(A), the words “from whose possession or” are substituted for “from whom or from whose” for clarity.

In subsection (c)(3), the words “shall file the warrant, proof of service, and all documents filed about the warrant” are substituted for “shall attach to the warrant a copy of the return and all papers filed in connection therewith and shall file them” to eliminate unnecessary words. The words “United States district court” are substituted for “district court of the United States” for consistency with the definition in section 32101 of the revised title and with other provisions of the chapter.

Statutory Notes and Related Subsidiaries
Change of Name

Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.