7 USC 8307 - Inspections, seizures, and warrants

United States Code

USC most recently checked for updates: Sep 09, 2024

§ 8306. Seizure, quarantine, and disposal

§ 8308. Detection, control, and eradication of diseases and pests

U.S. Code
Notes

§ 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.)

cite as: 7 USC 8307