Us Code § 8307 - Inspections, seizures, and warrants
Full text of Us Code United States Code § 8307 — Inspections, seizures, and warrants, with citation guidance and answers to common questions.
§ 8307. Inspections, seizures, and warrants
(a) Guidelines
The activities authorized by this section shall be carried out consistent with guidelines approved by the Attorney General.
(b) Warrantless inspections
The Secretary may stop and inspect, without a warrant, any person or means of conveyance moving—
(1) into the United States, to determine whether the person or means of conveyance is carrying any animal or article regulated under this chapter;
(2) in interstate commerce, on probable cause to believe that the person or means of conveyance is carrying any animal or article regulated under this chapter; or
(3) in intrastate commerce from any State, or any portion of a State, quarantined under section 8306(b) of this title, on probable cause to believe that the person or means of conveyance is carrying any animal or article quarantined under section 8306(b) of this title.
(c) Inspections with warrants
(1) In general
The Secretary may enter, with a warrant, any premises in the United States for the purpose of making inspections and seizures under this chapter.
(2) Application and issuance of warrants
(A) In general
On proper oath or affirmation showing probable cause to believe that there is on certain premises any animal, 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 issue a warrant for the entry on premises within the jurisdiction of the judge or magistrate to make any inspection or seizure under this chapter.
(B) Execution
The warrant may be applied for and executed by the Secretary or any United States marshal.
(Pub. L. 107–171, title X, §10408, May 13, 2002, 116 Stat. 500.)
Editorial Notes
References in Text
This chapter, referred to in subsecs. (b) and (c), was in the original "this subtitle", meaning subtitle E (§§10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For complete classification of subtitle E to the Code, see Short Title note set out under section 8301 of this title and Tables.
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Preclearance Quarantine Inspections
Pub. L. 107–171, title X, §10811, May 13, 2002, 116 Stat. 531, provided that:
"(a)
"(1) The continental United States.
"(2) Guam.
"(3) Puerto Rico.
"(4) The United States Virgin Islands.
"(b)
"(c)
About This Section
7 U.S.C. § 8307 is part of Title 7 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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