                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                 SUBTITLE III--ADMINISTRATIVE PROVISIONS
 
                     Part V--Enforcement Provisions
 
Sec. 1595. Searches and seizures


(a) Warrant

    (1) If any officer or person authorized to make searches and 
seizures has probable cause to believe that--
        (A) any merchandise upon which the duties have not been paid, or 
    which has been otherwise brought into the United States unlawfully;
        (B) any property which is subject to forfeiture under any 
    provision of law enforced or administered by the United States 
    Customs Service; or
        (C) any document, container, wrapping, or other article which is 
    evidence of a violation of section 1592 of this title involving 
    fraud or of any other law enforced or administered by the United 
    States Customs Service,

is in any dwelling house, store, or other building or place, he may make 
application, under oath, to any justice of the peace, to any municipal, 
county, State, or Federal judge, or to any Federal magistrate judge, and 
shall thereupon be entitled to a warrant to enter such dwelling house in 
the daytime only, or such store or other place at night or by day, and 
to search for and seize such merchandise or other article described in 
the warrant.
    (2) If any house, store, or other building or place, in which any 
merchandise or other article subject to forfeiture is found, is upon or 
within 10 feet of the boundary line between the United States and a 
foreign country, such portion thereof that is within the United States 
may be taken down or removed.

(b) Entry upon property of others

    Any person authorized by this chapter to make searches and seizures, 
or any person assisting him or acting under his directions, may, if 
deemed necessary by him or them, enter into or upon or pass through the 
lands, inclosures, and buildings, other than the dwelling house, of any 
person whomsoever, in the discharge of his official duties.

(June 17, 1930, ch. 497, title IV, Sec. 595, 46 Stat. 752; Pub. L. 91-
271, title III, Sec. 301(y), June 2, 1970, 84 Stat. 290; Pub. L. 99-570, 
title III, Sec. 3122, Oct. 27, 1986, 100 Stat. 3207-87; Pub. L. 101-650, 
title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)


                            Prior Provisions

    Provisions similar to those in this section were contained in act 
Sept. 21, 1922, ch. 356, title IV, Sec. 595, 42 Stat. 983. That section 
was superseded by section 595 of act June 17, 1930, comprising this 
section, and repealed by section 651(a)(1) of the 1930 act.
    Provisions somewhat similar to those in subsec. (a), but authorizing 
searches in the daytime only, with a further provision as to 
forfeitures, were contained in R.S. Sec. 3066, as amended by act Apr. 
25, 1882, ch. 89, 22 Stat. 49. Provisions for searches of buildings on 
or near the boundary line, and for seizure and forfeiture of 
merchandise, and removal of the building, were contained in R.S. 
Sec. 3107. Provisions empowering persons, authorized to make searches 
and seizures, to enter into or upon lands, inclosures, and buildings, 
were contained in R.S. Sec. 3065. All of these sections were repealed by 
act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.
    R.S. Sec. 3091, authorized the issuance of a warrant, upon complaint 
and affidavit of fraud on the revenue, directing the marshal of the 
district to enter any place and seize books or papers relating to 
merchandise in respect to which the alleged fraud was committed, and 
produce them before the judge.
    R.S. Sec. 3092, provided that no warrant for such seizure should be 
issued unless the complaint should set forth the character of the fraud 
alleged, its nature, the importations in respect to which it was 
committed, and the papers to be seized, and required the return of such 
warrant as other warrants are returned.
    R.S. Sec. 3093, provided that books and papers so seized should be 
subject to the order of the judge, who should allow the examination of 
the same by the collector or any officer authorized by him, and 
authorized the retention by the judge of such books and papers as he 
might deem necessary.
    The provisions of act July 18, 1866, Sec. 39, and of act Mar. 2, 
1867, Sec. 2, which were incorporated into these three sections, were 
repealed by the Anti-Moiety Act of June 22, 1874, ch. 391, Sec. 1, 18 
Stat. 186. These sections were repealed, therefore, by that act, it 
having effect as subsequent to the Revised Statutes, and as repealing 
any portion of the revision inconsistent therewith, by virtue of R.S. 
Sec. 5601.


                               Amendments

    1986--Subsec. (a). Pub. L. 99-570 amended subsec. (a) generally. 
Prior to amendment, subsec. (a) read as follows: ``If any officer or 
person authorized to make searches and seizures shall have cause to 
suspect the presence in any dwelling house, store, or other building or 
place of any merchandise upon which the duties have not been paid, or 
which has been otherwise brought into the United States contrary to law, 
he may make application, under oath, to any justice of the peace, to any 
municipal, county, State, or Federal judge, or to any United States 
magistrate, and shall thereupon be entitled to a warrant to enter such 
dwelling house in the daytime only, or such store or other place at 
night or by day, and to search for and seize such merchandise: Provided, 
That if any such house, store, or other building, or place in which such 
merchandise shall be found, is upon or within ten feet of the boundary 
line between the United States and a foreign country, such portion 
thereof as is within the United States may forthwith be taken down or 
removed.''
    1970--Subsec. (a). Pub. L. 91-271 struck out ``collector of customs 
or other'' before ``officer or person''.

                         Change of Name

    ``Magistrate judge'' substituted for ``magistrate'' in subsec. 
(a)(1) pursuant to section 321 of Pub. L. 101-650, set out as a note 
under section 631 of Title 28, Judiciary and Judicial Procedure.


                    Effective Date of 1970 Amendment

    For effective date of amendment by Pub. L. 91-271, see section 203 
of Pub. L. 91-271, set out as a note under section 1500 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1603 of this title.
