Title 18 — Crimes and Criminal Procedure
Part I · Chapter 109 — Searches and Seizures
§ 2236. Searches without warrant
Statutory text
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 2236
June 25, 1948, ch. 645, 62 Stat. 803
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 803Economic Espionage Act of 1996
Pub. L. 104–294 title VI § 601(a)(8) · 110 Stat. 3488
Substituted · 18 U.S.C. § 2236
Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000”
Source evidence
Code amendment note
Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000”.Enacted provision · exact public law section
(8) Sections 1821, 1851, 1852, 1853, 1854, 1905, 1916, 1918, 1991, 2115, 2116, 2191, 2192, 2194, 2199, 2234, 2235, and 2236 of title 18, United States Code, are each amended by striking “fined not more than $1,000” each place it appears and inserting “fined under this title”.Criminal Law Technical Amendments Act of 2002
Pub. L. 107–273 div. B title IV § 4002(d)(1)(C)(iii) · 116 Stat. 1758
Inserted · 18 U.S.C. § 2236
Pub. L. 107–273 inserted “under this title” after “warrant, shall be fined”
Struck · 18 U.S.C. § 2236
Pub. L. 107–273 struck out “not more than $1,000” after “for a first offense”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(iii) Section 2236 of title 18, United States Code, is amended by inserting “under this title” after “warrant, shall be fined”, and by striking “not more than $1,000”.
3 of 4 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., § 53a (Aug. 27, 1935, ch. 740, § 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.
Editorial Notes
Amendments1996–2002 · 2 rounds
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”.
Credits
1948–2002 · 3 acts
- 1948June 25, 1948, ch. 645, 62 Stat. 803
- 1996Pub. L. 104–294, title VI, § 601(a)(8), , 110 Stat. 3498
- 2002Pub. L. 107–273, div. B, title IV, § 4002(d)(1)(C)(iii), , 116 Stat. 1809.
Show as published
(June 25, 1948, ch. 645, 62 Stat. 803; Pub. L. 104–294, title VI, § 601(a)(8), , 110 Stat. 3498; Pub. L. 107–273, div. B, title IV, § 4002(d)(1)(C)(iii), , 116 Stat. 1809.)