49 USC 32707 - Administrative warrants

U.S Code last checked for updates: Nov 22, 2024

§ 32707.

Administrative warrants

(a)

Definition.—

In this section, “probable cause” means a valid public interest in the effective enforcement of this chapter or a regulation prescribed under this chapter sufficient to justify the inspection or impoundment in the circumstances stated in an application for a warrant under this section.

(b)

Warrant Requirement and Issuance.—

(1)

Except as provided in paragraph (4) of this subsection, an inspection or impoundment under section 32706 of this title may be carried out only after a warrant is obtained.

(2)

A judge of a court of the United States or a State court of record or a United States magistrate may issue a warrant for an inspection or impoundment under section 32706 of this title within the territorial jurisdiction of the court or magistrate. The warrant must be based on an affidavit that—

(A)

establishes probable cause to issue the warrant; and

(B)

is sworn to before the judge or magistrate by an officer or employee who knows the facts alleged in the affidavit.

(3)

The judge or magistrate shall issue the warrant when the judge or magistrate decides there is a reasonable basis for believing that probable cause exists to issue the warrant. The warrant must—

(A)

identify the premises, property, or motor vehicle to be inspected and the items or type of property to be impounded;

(B)

state the purpose of the inspection, the basis for issuing the warrant, and the name of the affiant;

(C)

direct an individual authorized under section 32706 of this title to inspect the premises, property, or vehicle for the purpose stated in the warrant and, when appropriate, to impound the property specified in the warrant;

(D)

direct that the warrant be served during the hours specified in the warrant; and

(E)

name the judge or magistrate with whom proof of service is to be filed.

(4)

A warrant under this section is not required when—

(A)

the owner, operator, or agent in charge of the premises consents;

(B)

it is reasonable to believe that the mobility of the motor vehicle to be inspected makes it impractical to obtain a warrant;

(C)

an application for a warrant cannot be made because of an emergency;

(D)

records are to be inspected and copied under section 32706(e)(1)(A) of this title; or

(E)

a warrant is not constitutionally required.

(c)

Service and Impoundment of Property.—

(1)

A warrant issued under this section must be served and proof of service filed not later than 10 days after its issuance date. The judge or magistrate may allow additional time in the warrant if the Secretary of Transportation demonstrates a need for additional time. Proof of service must be filed promptly with a written inventory of the property impounded under the warrant. The inventory shall be made in the presence of the individual serving the warrant and the individual from whose possession or premises the property was impounded, or if that individual is not present, a credible individual except the individual making the inventory. The individual serving the warrant shall verify the inventory. On request, the judge or magistrate shall send a copy of the inventory to the individual from whose possession or premises the property was impounded and to the applicant for the warrant.

(2)

When property is impounded under a warrant, the individual serving the warrant shall—

(A)

give the person from whose possession or premises the property was impounded a copy of the warrant and a receipt for the property; or

(B)

leave the copy and receipt at the place from which the property was impounded.

(3)

The judge or magistrate shall file the warrant, proof of service, and all documents filed about the warrant with the clerk of the United States district court for the judicial district in which the inspection is made.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1053.)

cite as: 49 USC 32707