7 U.S.C. § 7731 — Inspections, seizures, and warrants
submitted 26 years ago by Pub. L. 106-224 to r/title-7-AGRICULTURE · 324 words · no verdicts yet
This section authorizes warrantless and warrant-based inspections of people, transportation, and premises for plant-protection enforcement. Activities must follow Attorney General guidelines, and warrants require probable cause.
(a) Attorney General. Activities under this section must follow guidelines approved by the Attorney General.
(b) Without a warrant. The Secretary* may stop and inspect without a warrant a person* or means of conveyance* (1) entering the United States, to see whether it carries a covered plant*, organism, pest, weed, or article*; (2) in interstate commerce*, when there is probable cause to believe it carries one; or (3) in intrastate commerce from or within a quarantined State*, part of a State, or premises involved in an extraordinary emergency under section 7715, when there is probable cause to believe it carries an item regulated there or is moving* subject to that section.
(c) With a warrant. (1) The Secretary may enter* any United States premises with a warrant to investigate or inspect and seize under this chapter. (2) If a proper oath or affirmation shows probable cause that regulated covered property is on specific premises, a United States judge, a United States court-of-record judge, or a United States magistrate judge may issue, within that judge’s jurisdiction, a warrant to enter and investigate, inspect, or seize. The Secretary or any United States Marshal may apply for and execute it.
The activities authorized by this section shall be carried out consistent with guidelines approved by the Attorney General.
The Secretary* may stop and inspect, without a warrant, any person* or means of conveyance* moving*—
into the United States to determine whether the person or means of conveyance is carrying any plant*, plant product*, biological control organism*, plant pest*, noxious weed*, or article* subject to this chapter;
in interstate commerce*, upon probable cause to believe that the person or means of conveyance is carrying any plant, plant product, biological control organism, plant pest, noxious weed, or article subject to this chapter; and
in intrastate commerce from or within any State*, portion of a State, or premises quarantined as part of a extraordinary emergency declared under section 7715 of this title upon probable cause to believe that the person or means of conveyance is carrying any plant, plant product, biological control organism, plant pest, noxious weed, or article regulated under that section or is moving subject to that section.
The Secretary may enter*, with a warrant, any premises in the United States for the purpose of conducting investigations or making inspections and seizures under this chapter.
Upon proper oath or affirmation showing probable cause to believe that there is on certain premises any plant, plant product, biological control organism, plant pest, noxious weed, article, facility, or means of conveyance regulated under this chapter, a United States judge, a judge of a court of record in the United States, or a United States magistrate judge may, within the judge’s or magistrate’s 1 jurisdiction, issue a warrant for the entry* upon the premises to conduct any investigation or make any inspection or seizure under this chapter. The warrant may be applied for and executed by the Secretary or any United States Marshal.
Source credit: (Pub. L. 106–224, title IV, § 421, June 20, 2000, 114 Stat. 448.)
- 2000Enacted · Pub. L. 106-224 · 114 Stat. 448
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-224 on 2000-06-20.
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