§ 878. Powers of enforcement personnel

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.

1. 1970

   Controlled Substances Act

   Pub. L. 91–513 title II § 508 · 84 Stat. 1236

   Enacted · 21 U.S.C. § 878

   Pub. L. 91–513, title II, § 508, Oct. 27, 1970, 84 Stat. 1273

   Source evidence

   Code source credit
   Pub. L. 91–513, title II, § 508, Oct. 27, 1970, 84 Stat. 1273

   Enacted provision · exact public law section
   Sec. 508. powers of enforcement personnel Any officer or employee of the Bureau of Narcotics and Dangerous Drug designated by the Attorney General may— (1) carry firearms; (2) execute and serve search warrants, arrest warrants, administrative inspection warrants, subpenas, and summonses issued under the authority of the United States; (3) make arrests without warrant (A) for any offense against the United States committed in his presence, or (B) for any felony, cognizable under the laws of the United States, if he has probable cause to believe that the person to be arrested has committed or is committing a felony; (4) make seizures of property pursuant to the provisions of this title: and (5) perform such other law enforcement duties as the Attorney General may designate.

2. 1979

   Department of Justice Appropriation Authorization Act, Fiscal Year 1980

   Pub. L. 96–132 § 16(b) · 93 Stat. 1040

   Substituted · 21 U.S.C. § 878

   Pub. L. 96–132 substituted “Drug Enforcement Administration” for “Bureau of Narcotics and Dangerous Drugs”

   Source evidence

   Code amendment note
   Pub. L. 96–132 substituted “Drug Enforcement Administration” for “Bureau of Narcotics and Dangerous Drugs”.

   Enacted provision · exact public law section
   (b) Sections 508 and 516 of such Act (21 U.S.C. 878, 886) are each amended by striking out “Bureau of Narcotics and Dangerous Drugs” each place it occurs and inserting in lieu thereof “Drug Enforcement Administration”.

3. 1986

   Anti-Drug Abuse Act of 1986

   Pub. L. 99–570 title I § 1869 · 100 Stat. 3207

   1. Amended · 21 U.S.C. § 878

      Pub. L. 99–570 and Pub. L. 99–646 amended section substantially identically designating existing provisions as subsec. (a)

   2. Added · 21 U.S.C. § 878

      Pub. L. 99–570 and Pub. L. 99–646 adding subsec. (b), with the exception of the amendment of subsec. (a) for which Pub. L. 99–570 directed the insertion of “or (with respect to offenses under this subchapter or subchapter II of this chapter) any State or local law enforcement officer” and Pub. L. 99–646 directed the insertion of “or any State or local law enforcement officer”, the latter of which was executed to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Pub. L. 99–570 and Pub. L. 99–646 amended section substantially identically designating existing provisions as subsec. (a) and adding subsec. (b), with the exception of the amendment of subsec. (a) for which Pub. L. 99–570 directed the insertion of “or (with respect to offenses under this subchapter or subchapter II of this chapter) any State or local law enforcement officer” and Pub. L. 99–646 directed the insertion of “or any State or local law enforcement officer”, the latter of which was executed to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   SEC. 1869. AUTHORITY OF ATTORNEY GENERAL TO DEPUTIZE STATE AND LOCAL LAW ENFORCEMENT OFFICERS FOR CONTROLLED SUBSTANCES ENFORCEMENT. Section 508 of the Controlled Substances Act (21 U.S.C. 878) is amended— (1) by inserting “(a)” before “Any officer or employee”; (2) by inserting after “Drug Enforcement Administration” the 21 USC 802. 21 USC 951. following: “or (with respect to offenses under this title or title III) any State or local law enforcement officer”; and (3) by adding at the end thereof the following new subsection: “(b) State and local law enforcement officers performing functions under this section shall not be deemed Federal employees and shall not be subject to provisions of law relating to Federal employees, except that such officers shall be subject to section 3374(c) of title 5, United States Code.”.

4. 2010

   Tribal Law and Order Act of 2010

   Pub. L. 111–211 title II § 232(d) · 124 Stat. 2258

   Inserted · 21 U.S.C. § 878(a)

   Pub. L. 111–211 inserted “, tribal,” after “State” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–211 inserted “, tribal,” after “State” in introductory provisions.

   Enacted provision · exact public law section
   (d) Powers of Enforcement Personnel.— Section 508(a) of the Controlled Substances Act (21 U.S.C. 878(a)) is amended in the matter preceding paragraph (1) by inserting “, tribal,” after “State”.

5 of 5 references resolved to an enrolled provision