
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC32707]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
 
                         CHAPTER 327--ODOMETERS
 
Sec. 32707. Administrative warrants

    (a) Definition.--In this section, ``probable cause'' means a valid 
public interest in the effective enforcement of this chapter or a 
regulation prescribed under this chapter sufficient to justify the 
inspection or impoundment in the circumstances stated in an application 
for a warrant under this section.
    (b) Warrant Requirement and Issuance.--(1) Except as provided in 
paragraph (4) of this subsection, an inspection or impoundment under 
section 32706 of this title may be carried out only after a warrant is 
obtained.
    (2) A judge of a court of the United States or a State court of 
record or a United States magistrate may issue a warrant for an 
inspection or impoundment under section 32706 of this title within the 
territorial jurisdiction of the court or magistrate. The warrant must be 
based on an affidavit that--
        (A) establishes probable cause to issue the warrant; and
        (B) is sworn to before the judge or magistrate by an officer or 
    employee who knows the facts alleged in the affidavit.

    (3) The judge or magistrate shall issue the warrant when the judge 
or magistrate decides there is a reasonable basis for believing that 
probable cause exists to issue the warrant. The warrant must--
        (A) identify the premises, property, or motor vehicle to be 
    inspected and the items or type of property to be impounded;
        (B) state the purpose of the inspection, the basis for issuing 
    the warrant, and the name of the affiant;
        (C) direct an individual authorized under section 32706 of this 
    title to inspect the premises, property, or vehicle for the purpose 
    stated in the warrant and, when appropriate, to impound the property 
    specified in the warrant;
        (D) direct that the warrant be served during the hours specified 
    in the warrant; and
        (E) name the judge or magistrate with whom proof of service is 
    to be filed.

    (4) A warrant under this section is not required when--
        (A) the owner, operator, or agent in charge of the premises 
    consents;
        (B) it is reasonable to believe that the mobility of the motor 
    vehicle to be inspected makes it impractical to obtain a warrant;
        (C) an application for a warrant cannot be made because of an 
    emergency;
        (D) records are to be inspected and copied under section 
    32706(e)(1)(A) of this title; or
        (E) a warrant is not constitutionally required.

    (c) Service and Impoundment of Property.--(1) A warrant issued under 
this section must be served and proof of service filed not later than 10 
days after its issuance date. The judge or magistrate may allow 
additional time in the warrant if the Secretary of Transportation 
demonstrates a need for additional time. Proof of service must be filed 
promptly with a written inventory of the property impounded under the 
warrant. The inventory shall be made in the presence of the individual 
serving the warrant and the individual from whose possession or premises 
the property was impounded, or if that individual is not present, a 
credible individual except the individual making the inventory. The 
individual serving the warrant shall verify the inventory. On request, 
the judge or magistrate shall send a copy of the inventory to the 
individual from whose possession or premises the property was impounded 
and to the applicant for the warrant.
    (2) When property is impounded under a warrant, the individual 
serving the warrant shall--
        (A) give the person from whose possession or premises the 
    property was impounded a copy of the warrant and a receipt for the 
    property; or
        (B) leave the copy and receipt at the place from which the 
    property was impounded.

    (3) The judge or magistrate shall file the warrant, proof of 
service, and all documents filed about the warrant with the clerk of the 
United States district court for the judicial district in which the 
inspection is made.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1053.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
32707(a)..............................  15:1990e(b)(1) (last sentence).  Oct. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, 
Sec.  415; added July 14, 1976,
                                                                          Pub. 
L. 94-364, Sec.  408(2), 90 Stat.
                                                                          987.
32707(b)(1)...........................  15:1990e(a) (words before 1st
                                         comma).
32707(b)(2)...........................  15:1990e(b)(1) (1st sentence),
                                         (2) (1st sentence).
32707(b)(3)...........................  15:1990e(b)(2) (2d, last
                                         sentences).
32707(b)(4)...........................  15:1990e(a) (words after 1st
                                         comma).
32707(c)(1)...........................  15:1990e(b)(3) (1st, 3d-last
                                         sentences).
32707(c)(2)...........................  15:1990e(b)(3) (2d sentence).
32707(c)(3)...........................  15:1990e(b)(4).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``inspection or impoundment'' are 
substituted for ``administrative inspections of the area, factory, 
warehouse, establishment, premises, or motor vehicle, or contents 
thereof'' to eliminate unnecessary words and for consistency in this 
section.
    In subsection (b)(1), the words ``Except as provided in paragraph 
(4) of this subsection'' are added for clarity. The words ``an 
inspection or impoundment'' are substituted for ``any entry or 
administrative inspection (including impoundment of motor vehicles or 
motor vehicle equipment)'' to eliminate unnecessary words.
    In subsection (b)(2), before clause (A), the words ``inspection or 
impoundment'' are substituted for ``the purpose of conducting 
administrative inspections authorized by section 1990d of this title and 
impoundment of motor vehicles or motor vehicle equipment appropriate to 
such inspections'' for consistency in this section. The words ``of the 
court or magistrate'' are substituted for ``his'' for clarity. The words 
``and upon proper oath or affirmation'' are omitted as surplus because 
of clause (B). Clause (A) is substituted for ``showing probable cause'' 
and ``and establishing the grounds for issuing the warrant'' to 
eliminate unnecessary words.
    In subsection (b)(3), before clause (A), the words ``when the judge 
or magistrate decides there is a reasonable basis for believing that 
probable cause exists to issue the warrant'' are substituted for ``If 
the judge or magistrate is satisfied that grounds for the application 
exist or that there is a reasonable basis for believing they exist'' for 
consistency in this section and to eliminate unnecessary words. In 
clauses (A) and (C), the words ``area, factory, warehouse, 
establishment'' are omitted as being included in ``premises''. In clause 
(A), the word ``property'' is substituted for ``and, where appropriate, 
the type of property to be inspected, if any'' to eliminate unnecessary 
words. In clause (B), the words ``the name of the affiant'' are 
substituted for ``the name of the person or persons whose affidavit has 
been taken in support thereof'' to eliminate unnecessary words. In 
clause (C), the words ``command the person to whom it is directed'' are 
omitted as surplus. The word ``property'' is added for consistency with 
the source provisions restated in clause (A) of this paragraph. In 
clause (E), the words ``proof of service is to be filed'' are 
substituted for ``it shall be returned'' for clarity.
    In subsection (b)(4)(A), the words ``factory, warehouse, 
establishment'' are omitted as being included in ``premises''.
    Subsection (b)(4)(C) is substituted for 15:1990e(a)(3) to eliminate 
unnecessary words.
    In subsection (b)(4)(D), the words ``are to be inspected and 
copied'' are substituted for ``for access to and examination'' for 
consistency.
    In subsection (b)(4)(E), the words ``in any other situations where'' 
are omitted as surplus.
    In subsection (c)(2)(A), the words ``from whose possession or'' are 
substituted for ``from whom or from whose'' for clarity.
    In subsection (c)(3), the words ``shall file the warrant, proof of 
service, and all documents filed about the warrant'' are substituted for 
``shall attach to the warrant a copy of the return and all papers filed 
in connection therewith and shall file them'' to eliminate unnecessary 
words. The words ``United States district court'' are substituted for 
``district court of the United States'' for consistency with the 
definition in section 32101 of the revised title and with other 
provisions of the chapter.

                  Section Referred to in Other Sections

    This section is referred to in section 32706 of this title.
