49 U.S.C. § 32707 — Administrative warrants
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 634 words · no verdicts yet
Before inspecting or seizing a vehicle under section 32706, officials usually need a warrant. A judge issues the warrant if there's a real public-interest reason to justify the inspection or seizure. No warrant is needed if the owner agrees or an emergency exists.
(a) Definition. In this section, "probable cause" means there's a real public interest in effectively enforcing this chapter or its regulations, strong enough to justify the inspection or impoundment described in the warrant application.
(b) Warrant requirement and issuance. (1) Except as paragraph (4) allows, an inspection or impoundment under section 32706 can only happen after a warrant is obtained. (2) A federal judge, a state court-of-record judge, or a U.S. magistrate can issue this warrant within their own territory. It must be based on a sworn affidavit that (A) establishes probable cause, and (B) is sworn to before the judge or magistrate by an officer or employee who personally knows the facts in it. (3) The judge or magistrate issues the warrant if there's a reasonable basis to believe probable cause exists. The warrant must (A) identify the premises, property, or vehicle to be inspected and what will be impounded; (B) state the inspection's purpose, the basis for the warrant, and the affiant's name; (C) direct an authorized inspector under section 32706 to inspect for that stated purpose and, if appropriate, to impound the specified property; (D) say what hours the warrant must be served during; and (E) name the judge or magistrate who should receive proof of service. (4) No warrant is needed when (A) the owner, operator, or person in charge consents; (B) it's reasonable to believe the vehicle might be moved before a warrant could be obtained; (C) an emergency makes applying for a warrant impossible; (D) records are being inspected and copied under section 32706(e)(1)(A); or (E) the Constitution doesn't require one.
(c) Service and impoundment of property. (1) A warrant must be served, and proof of service filed, within 10 days of being issued — though the judge or magistrate can allow more time if the Secretary shows a need for it. Proof of service, along with a written inventory of anything impounded, must be filed promptly. The inventory is made in front of the officer serving the warrant and the person whose property was taken (or, if they aren't there, a credible witness other than the person making the inventory), and the serving officer must verify it. On request, the judge or magistrate sends a copy of the inventory to the person whose property was impounded and to whoever applied for the warrant. (2) When property is impounded, the officer serving the warrant must either (A) give the person whose property was taken a copy of the warrant and a receipt, or (B) leave that copy and receipt at the place the property was taken from. (3) The judge or magistrate files the warrant, the proof of service, and all related documents with the clerk of the U.S. district court for the district where the inspection happened.
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.
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.
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—
establishes probable cause to issue the warrant; and
is sworn to before the judge or magistrate by an officer or employee who knows the facts alleged in the affidavit.
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—
identify the premises, property, or motor vehicle to be inspected and the items or type of property to be impounded;
state the purpose of the inspection, the basis for issuing the warrant, and the name of the affiant;
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;
direct that the warrant be served during the hours specified in the warrant; and
name the judge or magistrate with whom proof of service is to be filed.
A warrant under this section is not required when—
the owner, operator, or agent in charge of the premises consents;
it is reasonable to believe that the mobility of the motor vehicle to be inspected makes it impractical to obtain a warrant;
an application for a warrant cannot be made because of an emergency;
records are to be inspected and copied under section 32706(e)(1)(A) of this title; or
a warrant is not constitutionally required.
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.
When property is impounded under a warrant, the individual serving the warrant shall—
give the person from whose possession or premises the property was impounded a copy of the warrant and a receipt for the property; or
leave the copy and receipt at the place from which the property was impounded.
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.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1053.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1053
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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