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90-578, title III, Sec. 301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.) -MISC2- AMENDMENTS 1968 - Pub. L. 90-578 substituted "magistrate" for "commissioner". -CHANGE- CHANGE OF NAME Words "magistrate judge" substituted for "magistrate" in text pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. -End- -CITE- 18 USC Sec. 3049 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 203 - ARREST AND COMMITMENT -HEAD- Sec. 3049. Warrant for removal -STATUTE- Only one writ or warrant is necessary to remove a prisoner from one district to another. One copy thereof may be delivered to the sheriff or jailer from whose custody the prisoner is taken, and another to the sheriff or jailer to whose custody he is committed, and the original writ, with the marshal's return thereon, shall be returned to the clerk of the district to which he is removed. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 817.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 604 (R.S. Sec. 1029). -End- -CITE- 18 USC Sec. 3050 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 203 - ARREST AND COMMITMENT -HEAD- Sec. 3050. Bureau of Prisons employees' powers -STATUTE- An officer or employee of the Bureau of Prisons may - (1) make arrests on or off of Bureau of Prisons property without warrant for violations of the following provisions regardless of where the violation may occur: sections 111 (assaulting officers), 751 (escape), and 752 (assisting escape) of title 18, United States Code, and section 1826(c) (escape) of title 28, United States Code; (2) make arrests on Bureau of Prisons premises or reservation land of a penal, detention, or correctional facility without warrant for violations occurring thereon of the following provisions: sections 661 (theft), 1361 (depredation of property), 1363 (destruction of property), 1791 (contraband), 1792 (mutiny and riot), and 1793 (trespass) of title 18, United States Code; and (3) arrest without warrant for any other offense described in title 18 or 21 of the United States Code, if committed on the premises or reservation of a penal or correctional facility of the Bureau of Prisons if necessary to safeguard security, good order, or government property; if such officer or employee has reasonable grounds to believe that the arrested person is guilty of such offense, and if there is likelihood of such person's escaping before an arrest warrant can be obtained. If the arrested person is a fugitive from custody, such prisoner shall be returned to custody. Officers and employees of the said Bureau of Prisons may carry firearms under such rules and regulations as the Attorney General may prescribe. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 817; Pub. L. 99-646, Sec. 65, Nov. 10, 1986, 100 Stat. 3615.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 753k (June 29, 1940, ch. 449, Sec. 5, 54 Stat. 693). Section was broadened to include authority to make arrests for mutiny, riot or traffic in dangerous instrumentalities, by reference to section 1792 of this title. Minor changes were made in phraseology and provision for taking arrested person before magistrate was omitted as covered by rule 5(a) of the Federal Rules of Criminal Procedure. AMENDMENTS 1986 - Pub. L. 99-646 amended first sentence generally and substituted "such prisoner" for "he" in second sentence. Prior to amendment, first sentence read as follows: "An officer or employee of the Bureau of Prisons of the Department of Justice may make arrests without warrant for violations of any of the provisions of sections 751, 752, 1791, or 1792 of this title, if he has reasonable grounds to believe that the arrested person is guilty of such offense, and if there is likelihood of his escaping before a warrant can be obtained for his arrest." -TRANS- TRANSFER OF FUNCTIONS Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 18 USC Sec. 3051 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 203 - ARREST AND COMMITMENT -HEAD- Sec. 3051. Powers of Special Agents (!1) of Bureau of Alcohol, Tobacco, Firearms, and Explosives -STATUTE- -STATUTE- (a) Special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, as well as any other investigator or officer charged by the Attorney General with the duty of enforcing any of the criminal, seizure, or forfeiture provisions of the laws of the United States, may carry firearms, serve warrants and subpoenas issued under the authority of the United States and make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony. (b) Any special agent of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may, in respect to the performance of his or her duties, make seizures of property subject to forfeiture to the United States. (c)(1) Except as provided in paragraphs (2) and (3), and except to the extent that such provisions conflict with the provisions of section 983 of title 18, United States Code, insofar as section 983 applies, the provisions of the Customs laws relating to - (A) the seizure, summary and judicial forfeiture, and condemnation of property; (B) the disposition of such property; (C) the remission or mitigation of such forfeiture; and (D) the compromise of claims, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under any applicable provision of law enforced or administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. (2) For purposes of paragraph (1), duties that are imposed upon a customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws of the United States shall be performed with respect to seizures and forfeitures of property under this section by such officers, agents, or any other person as may be authorized or designated for that purpose by the Attorney General. (3) Notwithstanding any other provision of law, the disposition of firearms forfeited by reason of a violation of any law of the United States shall be governed by the provisions of section 5872(b) of the Internal Revenue Code of 1986. -SOURCE- (Added Pub. L. 107-296, title XI, Sec. 1113, Nov. 25, 2002, 116 Stat. 2279.) -REFTEXT- REFERENCES IN TEXT The customs laws, referred to in subsec. (c)(1), (2), are classified generally to Title 19, Customs Duties. Section 5872(b) of the Internal Revenue Code of 1986, referred to in subsec. (c)(3), is classified to section 5872(b) of Title 26, Internal Revenue Code. -MISC1- PRIOR PROVISIONS A prior section 3051, act June 25, 1948, ch. 645, Sec. 1, 62 Stat. 817, related to powers of extradition agents, prior to repeal by act Oct. 31, 1951, ch. 655, Sec. 56(f), 65 Stat. 729. Substantially identical provisions are contained in section 3193 of this title. EFFECTIVE DATE Section effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as a note under section 101 of Title 6, Domestic Security. -FOOTNOTE- (!1) So in original. The words "Special Agents" probably should not be capitalized. -End- -CITE- 18 USC Sec. 3052 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 203 - ARREST AND COMMITMENT -HEAD- Sec. 3052. Powers of Federal Bureau of Investigation -STATUTE- The Director, Associate Director, Assistant to the Director, Assistant Directors, inspectors, and agents of the Federal Bureau of Investigation of the Department of Justice may carry firearms, serve warrants and subpoenas issued under the authority of the United States and make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 817; Jan. 10, 1951, ch. 1221, Sec. 1, 64 Stat. 1239.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 300a of title 5, U.S.C., 1940 ed., Executive Departments and Government Officers and Employees (June 18, 1934, ch. 595, 48 Stat. 1008; Mar. 22, 1935, ch. 39, title II, 49 Stat. 77). Language relating to seizures under warrant is in section 3107 of this title. Minor changes were made in phraseology particularly with respect to omission of provision covered by rule 5(a) of Federal Rules of Criminal Procedure. AMENDMENTS 1951 - Act Jan. 10, 1951, allowed F. B. I. personnel to make arrests without a warrant for any offense against the United States committed in their presence. -TRANS- TRANSFER OF FUNCTIONS Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 18 USC Sec. 3053 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 203 - ARREST AND COMMITMENT -HEAD- Sec. 3053. Powers of marshals and deputies -STATUTE- United States marshals and their deputies may carry firearms and may make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 817.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 504a of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary (June 15, 1935, ch. 259, Sec. 2, 49 Stat. 378). Minor changes were made in phraseology. -TRANS- TRANSFER OF FUNCTIONS Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 18 USC Sec. 3054 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 203 - ARREST AND COMMITMENT -HEAD- [Sec. 3054. Repealed. Pub. L. 97-79, Sec. 9(b)(3), Nov. 16, 1981, 95 Stat. 1079] -MISC1- Section, acts June 25, 1948, ch. 645, 62 Stat. 817; Dec. 5, 1969, Pub. L. 91-135, Sec. 7(b), 83 Stat. 281, provided for an officer's power to act in enforcing sections 42, 43, and 44 of this title relating to animals and birds. See section 3375 of Title 16, Conservation. -End- -CITE- 18 USC Sec. 3055 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 203 - ARREST AND COMMITMENT -HEAD- Sec. 3055. Officers' powers to suppress Indian liquor traffic -STATUTE- The chief special officer for the suppression of the liquor traffic among Indians and duly authorized officers working under his supervision whose appointments are made or affirmed by the Commissioner of Indian Affairs or the Secretary of the Interior may execute all warrants of arrest and other lawful precepts issued under the authority of the United States and in the execution of his duty he may command all necessary assistance. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 817.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 250 of title 25, U.S.C., 1940 ed., Indians (Aug. 24, 1912, ch. 388, Sec. 1, 37 Stat. 519). The only change was to delete the words at the beginning of the section, "The powers conferred by section 504 of title 28 upon marshals and their deputies are conferred upon." and the addition, at the end of the section, of the phrase expressing such powers beginning with the words "may execute all warrants". -End- -CITE- 18 USC Sec. 3056 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 203 - ARREST AND COMMITMENT -HEAD- Sec. 3056. Powers, authorities, and duties of United States Secret Service -STATUTE- (a) Under the direction of the Secretary of Homeland Security, the United States Secret Service is authorized to protect the following persons: (1) The President, the Vice President (or other officer next in the order of succession to the Office of President), the President-elect, and the Vice President-elect. (2) The immediate families of those individuals listed in paragraph (1). (3) Former Presidents and their spouses for their lifetimes, except that protection of a spouse shall terminate in the event of remarriage unless the former President did not serve as President prior to January 1, 1997, in which case, former Presidents and their spouses for a period of not more than ten years from the date a former President leaves office, except that - (A) protection of a spouse shall terminate in the event of remarriage or the divorce from, or death of a former President; and (B) should the death of a President occur while in office or within one year after leaving office, the spouse shall receive protection for one year from the time of such death: Provided, That the Secretary of Homeland Security shall have the authority to direct the Secret Service to provide temporary protection for any of these individuals at any time if the Secretary of Homeland Security or designee determines that information or conditions warrant such protection. (4) Children of a former President who are under 16 years of age for a period not to exceed ten years or upon the child becoming 16 years of age, whichever comes first. (5) Visiting heads of foreign states or foreign governments. (6) Other distinguished foreign visitors to the United States and official representatives of the United States performing special missions abroad when the President directs that such protection be provided. (7) Major Presidential and Vice Presidential candidates and, within 120 days of the general Presidential election, the spouses of such candidates. As used in this paragraph, the term "major Presidential and Vice Presidential candidates" means those individuals identified as such by the Secretary of Homeland Security after consultation with an advisory committee consisting of the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority and minority leaders of the Senate, and one additional member selected by the other members of the committee. The protection authorized in paragraphs (2) through (7) may be declined. (b) Under the direction of the Secretary of Homeland Security, the Secret Service is authorized to detect and arrest any person who violates - (1) section 508, 509, 510, 871, or 879 of this title or, with respect to the Federal Deposit Insurance Corporation, Federal land banks, and Federal land bank associations, section 213, 216,(!1) 433, 493, 657, 709, 1006, 1007, 1011, 1013, 1014, 1907, or 1909 of this title; (2) any of the laws of the United States relating to coins, obligations, and securities of the United States and of foreign governments; or (3) any of the laws of the United States relating to electronic fund transfer frauds, access device frauds, false identification documents or devices, and any fraud or other criminal or unlawful activity in or against any federally insured financial institution; except that the authority conferred by this paragraph shall be exercised subject to the agreement of the Attorney General and the Secretary of Homeland Security and shall not affect the authority of any other Federal law enforcement agency with respect to those laws. (c)(1) Under the direction of the Secretary of Homeland Security, officers and agents of the Secret Service are authorized to - (A) execute warrants issued under the laws of the United States; (B) carry firearms; (C) make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to bel

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