21 USC, Section 878

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Regulations & Codified CSA > USC > Subchapter I, Part E > Section 878

Title 21 United States Code (USC)
Controlled Substances Act

Section 878. Powers of Enforcement Personnel

Officers or employees of Drug Enforcement Administration or any State or local law enforcement officer

(a) Any officer or employee of the Drug Enforcement Administration or any State or local law enforcement officer designated by the Attorney General may --

(1) carry firearms;

(2) execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, 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 subchapter; and

(5) perform such other law enforcement duties as the Attorney General may designate.

Federal employee status

(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.

(Pub. L. 91-513, Title II, Section 508, Oct. 27, 1970, 84 Stat. 1273; Pub. L. 96-132, Section 16(b), Nov. 30, 1979, 93 Stat. 1049; Pub. L. 99-570, Title I, Section 1869, Oct. 27, 1986, 100 Stat. 3207-55; Pub. L. 99-646, Section 86, Nov. 10, 1986, 100 Stat. 3620.)

EDITORIAL NOTES

References in Text. "This subchapter", referred to in subsec. (a)(4), was in the original "this title" which is Title II of Pub.L. 91-513, Oct. 27, 1970, 84 Stat. 1242, and is popularly known as the "Controlled Substances Act". For complete classification of Title II to the Code, see Short Title note set out under section 801 of this title and Tables volume.

Codification. Amendment by section 1869(2) of Pub.L. 99-570, which directed that in subsec. (a) "or (with respect to offenses under this subchapter or subchapter II of this chapter) and State or local law enforcement officer" be inserted after "Drug Enforcement Administration" was not executed as the probable intent of Congress, in view of the subsequent amendment to subsec. (a) by section 86(2) of Pub.L. 99-646, which directed that "or any State or local law enforcement officer" be inserted after "Drug Enforcement Administration".

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Title 21 United States Code (USC) Controlled Substances Act

Section 878. Powers of Enforcement Personnel

Title 21 United States Code (USC)
Controlled Substances Act