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Title 21 — Food and Drugs

Part E · Chapter 13 — Drug Abuse Prevention and Control

§ 879. Search warrants

Statutory text

A search warrant relating to offenses involving controlled substances may be served at any time of the day or night if the judge or United States magistrate judge issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant and for its service at such time.

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. Controlled Substances Act

    Pub. L. 91–513 title II § 509 · 84 Stat. 1236

    Enacted · 21 U.S.C. § 879

    Pub. L. 91–513, title II, § 509, Oct. 27, 1970, 84 Stat. 1274

    Source evidence

    Code source credit
    Pub. L. 91–513, title II, § 509, Oct. 27, 1970, 84 Stat. 1274

    Enacted provision · exact public law section
    Sec. 509. search warrants (a) A search warrant relating to offenses involving controlled substances may be served at any time of the day or night if the judge or United States magistrate issuing tire warrant is satisfied that there is probable cause to believe that grounds exist for the warrant and for its service at such time. (b) Any officer authorized to execute a search warrant relating to offenses involving controlled substances the penalty for which is imprisonment for more than one year may, without notice of his authority and purpose, break open an outer or inner door or window of a building, or any part of the building, or anything therein, if the judge or United States magistrate issuing the warrant (1) is satisfied that there is probable cause to believe that (A) the property sought may and, if such notice is given, will be easily and quickly destroyed or disposed of, or (B) the giving of such notice will immediately endanger the life or safety of the executing officer or another person, and (2) has included in the warrant a direction that the officer executing it shall not be required to give such notice. Any officer acting under such warrant, shall, as soon as practicable after entering the premises, identify himself and give the reasons and authority for his entrance upon the premises.

  2. Pub. L. 93–481 § 3 · 88 Stat. 1455

    1. Struck · 21 U.S.C. § 879

      Pub. L. 93–481 struck out designation “(a)” before “A search warrant”

    2. Struck · 21 U.S.C. § 879

      Pub. L. 93–481 struck out subsec. (b) which permitted officers authorized to execute search warrants to break open and enter premises under certain circumstances and which required that such officers identify themselves and give reasons and authority for their entry after such entry

    Source evidence

    Code amendment note
    Pub. L. 93–481 struck out designation “(a)” before “A search warrant”, and struck out subsec. (b) which permitted officers authorized to execute search warrants to break open and enter premises under certain circumstances and which required that such officers identify themselves and give reasons and authority for their entry after such entry.

    Enacted provision · exact public law section
    Sec. 3. Section 509 of the Controlled Substances Act (21 U.S.C. 879) is amended by striking out “(a)” and subsection (b).

3 of 3 references resolved to an enrolled provision

Editorial Notes

Amendments

1974—Pub. L. 93–481 struck out designation “(a)” before “A search warrant”, and struck out subsec. (b) which permitted officers authorized to execute search warrants to break open and enter premises under certain circumstances and which required that such officers identify themselves and give reasons and authority for their entry after such entry.

Statutory Notes and Related Subsidiaries

Change of Name

“United States magistrate judge” substituted in text for “United States magistrate” pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Credits

1970–1990 · 3 acts
  1. 1970Pub. L. 91–513, title II, § 509, , 84 Stat. 1274
  2. 1974Pub. L. 93–481, § 3, , 88 Stat. 1455
  3. 1990Pub. L. 101–650, title III, § 321, , 104 Stat. 5117.
Show as published

(Pub. L. 91–513, title II, § 509, , 84 Stat. 1274; Pub. L. 93–481, § 3, , 88 Stat. 1455; Pub. L. 101–650, title III, § 321, , 104 Stat. 5117.)

Parsed from the official OLRC USLM XML in data/usc_all/usc21.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t21/s879