§ 2236. — Searches without warrant.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2236]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 109--SEARCHES AND SEIZURES
Sec. 2236. Searches without warrant
Whoever, being an officer, agent, or employee of the United States
or any department or agency thereof, engaged in the enforcement of any
law of the United States, searches any private dwelling used and
occupied as such dwelling without a warrant directing such search, or
maliciously and without reasonable cause searches any other building or
property without a search warrant, shall be fined under this title for a
first offense; and, for a subsequent offense, shall be fined under this
title or imprisoned not more than one year, or both.
This section shall not apply to any person--
(a) serving a warrant of arrest; or
(b) arresting or attempting to arrest a person committing or
attempting to commit an offense in his presence, or who has
committed or is suspected on reasonable grounds of having
committed a felony; or
(c) making a search at the request or invitation or with the
consent of the occupant of the premises.
(June 25, 1948, ch. 645, 62 Stat. 803; Pub. L. 104-294, title VI,
Sec. 601(a)(8), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107-273, div. B,
title IV, Sec. 4002(d)(1)(C)(iii), Nov. 2, 2002, 116 Stat. 1809.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 53a (Aug. 27, 1935, ch.
740, Sec. 201, 49 Stat. 877).
Words ``or any department or agency thereof'' were inserted to avoid
ambiguity as to scope of section. (See definitive section 6 of this
title.)
The exception in the case of an invitation or the consent of the
occupant, was inserted to make the section complete and remove any doubt
as to the application of this section to searches which have uniformly
been upheld.
Reference to misdemeanor was omitted in view of definitive section 1
of this title. (See reviser's note under section 212 of this title.)
Words ``upon conviction thereof shall be'' were omitted as
surplusage, since punishment cannot be imposed until conviction is
secured.
Minor changes were made in phraseology.
Amendments
2002--Pub. L. 107-273 inserted ``under this title'' after ``warrant,
shall be fined'' and struck out ``not more than $1,000'' after ``for a
first offense''.
1996--Pub. L. 104-294 substituted ``fined under this title'' for
``fined not more than $1,000''.
