Title 19 — Customs Duties
Part 5 · Chapter 3 — The Tariff and Related Provisions
§ 482. Search of vehicles and persons
Statutory text
Any of the officers or persons authorized to board or search vessels may stop, search, and examine, as well without as within their respective districts, any vehicle, beast, or person, on which or whom he or they shall suspect there is merchandise which is subject to duty, or shall have been introduced into the United States in any manner contrary to law, whether by the person in possession or charge, or by, in, or upon such vehicle or beast, or otherwise, and to search any trunk or envelope, wherever found, in which he may have a reasonable cause to suspect there is merchandise which was imported contrary to law; and if any such officer or other person so authorized shall find any merchandise on or about any such vehicle, beast, or person, or in any such trunk or envelope, which he shall have reasonable cause to believe is subject to duty, or to have been unlawfully introduced into the United States, whether by the person in possession or charge, or by, in, or upon such vehicle, beast, or otherwise, he shall seize and secure the same for trial.
Any officer or employee of the United States conducting a search of a person pursuant to subsection (a) shall not be held liable for any civil damages as a result of such search if the officer or employee performed the search in good faith and used reasonable means while effectuating such search.
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.
R.S. § 3061
Enacted · 19 U.S.C. § 482
R.S. § 3061
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code source credit
R.S. § 3061Trade Act of 2002
Pub. L. 107–210 div. A title III § 341(a) · 116 Stat. 933
Amended · 19 U.S.C. § 482
Pub. L. 107–210 designated existing provisions as subsec. (a)
Added · 19 U.S.C. § 482
Pub. L. 107–210 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 107–210 designated existing provisions as subsec. (a) and added subsec. (b).Enacted provision · exact public law section
(a) Immunity.— Section 3061 of the Revised Statutes (19 U.S.C. 482) is amended— (1) by striking “Any of the officers” and inserting “(a) Any of the officers”; and (2) by adding at the end the following: “(b) Any officer or employee of the United States conducting a search of a person pursuant to subsection (a) shall not be held liable for any civil damages as a result of such search if the officer or employee performed the search in good faith and used reasonable means while effectuating such search.”.Effective date note
Amendment by Pub. L. 107–210 applicable to petitions for certification filed under part 2 or 3 of subchapter II of chapter 12 of this title on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107–210, set out as a note preceding section 2271 of this title.
2 of 3 references resolved to an enrolled provision · 1 unresolved
Editorial Notes
Codification
R.S. § 3061 derived from act July 18, 1866, ch. 201, § 3, 14 Stat. 178.
Amendments
2002—Pub. L. 107–210 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–210 applicable to petitions for certification filed under part 2 or 3 of subchapter II of chapter 12 of this title on or after the date that is 90 days after , except as otherwise provided, see section 151 of Pub. L. 107–210, set out as a note preceding section 2271 of this title.
Requirement To Post Policy and Procedures for Searches of Passengers
Pub. L. 107–210, div. A, title III, § 341(b), , 116 Stat. 980, provided that: “Not later than 30 days after the date of the enactment of this Act [], the Commissioner of Customs shall ensure that at each Customs border facility appropriate notice is posted that provides a summary of the policy and procedures of the Customs Service for searching passengers, including a statement of the policy relating to the prohibition on the conduct of profiling of passengers based on gender, race, color, religion, or ethnic background.”
[For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of , see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.]
Credits
2002 · 2 acts
- R.S. § 3061
- 2002Pub. L. 107–210, div. A, title III, § 341(a), , 116 Stat. 980.
Show as published
(R.S. § 3061; Pub. L. 107–210, div. A, title III, § 341(a), , 116 Stat. 980.)