C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 2—PAROLE, RELEASE, SUPERVISION AND RECOMMITMENT OF PRISONERS, YOUTH OFFENDERS, AND JUVENILE DELINQUENTS › Subpart A—United States Code Prisoners and Parolees

28 C.F.R. § 2.46

Execution of warrant and service of summons

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(a) Any officer of any Federal correctional institution or any Federal officer authorized to serve criminal process within the United States, to whom a warrant is delivered shall execute such warrant by taking the parolee and returning him to the custody of the Attorney General.

(b) On arrest of the parolee the officer executing the warrant shall deliver to him a copy of the Warrant Application listing the charges against the parolee, the applicable procedural rights under the Commission's regulations and the possible actions which may be taken by the Commission.

(c) If execution of the warrant is delayed pending disposition of local charges, for further investigation, or for some other purpose, the parolee is to be continued under supervision by the probation officer until the normal expiration of the sentence, or until the warrant is executed, whichever first occurs. Monthly supervision reports are to be submitted, and the parolee must continue to abide by all the conditions of release.

(d) A summons to appear at a preliminary interview or revocation hearing shall be served upon the parolee in person by delivering to the parolee a copy of the summons. Service shall be made by any Federal officer authorized to serve criminal process within the United States, and certification of such service shall be returned to the appropriate regional office of the Commission.

[42 FR 39809, Aug. 5, 1977, as amended at 44 FR 3409, Jan. 16, 1979]
Notes of Decisions
Cited in 13 cases, 1977–2006 · leading case: United States v. Augustin Gonzalez, 71 F.3d 819 (11th Cir. 1996).
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United States v. Augustin Gonzalez, 71 F.3d 819 (11th Cir. 1996). “Shortly thereafter, this warrant was delivered to the United States Marshal for the Southern District of Florida, see 28 C.F.R. § 2.46 (a) (1991), the district to which appellant was assigned.”
United States v. Alphonso Polito, 583 F.2d 48 (2d Cir. 1978). “28 C.F.R. § 2.46 . 4 The statute itself is devoid of any suggestion that federal officers must act alone or that local law enforcement officers are prohibited from assisting in the retaking of federal parolees once a warrant has been issued.”
Lawrence Wilson v. United States, 959 F.2d 12 (2d Cir. 1992). “§ 4213 ; 28 C.F.R. § 2.46 . Parole officers seeking to arrest parolees may only recommend that the USPC issue an arrest warrant.”
Minor Michael Still v. United States Marshal, United States Parole Comm'n & Denver Sheriff's Dep't, 780 F.2d 848 (10th Cir. 1985). “The Commission’s regulations establish that the Federal officer "shall execute [the] warrant by taking the parolee and returning him to the custody of the Attorney General,” 28 C.F.R. § 2.46 (a), and that “[o]n arrest of the parolee the officer executing the warrant shall…”
Toomey v. Young, 442 F. Supp. 387 (D. Conn. 1977). “52 (c) (1974) (now at 28 C.F.R. § 2.46 (1976)). Moreover, the practice has been explicitly approved in this Circuit.”
Aron Edward Donn v. Benjamin Baer, Chairman, U.S. Parole Comm'n Joseph S. Petrovsky & Robert Truesdale, 828 F.2d 487 (8th Cir. 1988). “He remains in custody following prison disciplinary infractions that have retarded his parole and an escape that resulted in a consecutive six-month sentence.”
Razzoli v. Allenwood FCI, 200 F. App'x 166 (3rd Cir. 2006). “The probation officers acted pursuant to a valid warrant and, under 28 C.F.R. § 2.46 (a), have the power to enforce such a warrant.”
Phillip H. Joiner v. Gary L. Henman, Warden, & United States Parole Comm'n, 902 F.2d 1251 (7th Cir. 1990). “” The Parole Commission summarized its reasons for amending the section: It has been argued by some parolees that under the present 28 CFR 2.46(c), if the "running" of the sentence is suspended by the issuance of the warrant, then they cannot continue to be supervised in a case…”
United States v. Donald Sager, 881 F.2d 364 (7th Cir. 1989). “See 28 C.F.R. § 2.46 ("On arrest of the parolee the officer executing the warrant shall deliver to him a copy of the Warrant Application listing the charges against the parolee_”).”
Rhodes v. U. S. Parole Comm'n, 456 F. Supp. 17 (D. Conn. 1977). “The practice of holding a warrant in abeyance while criminal charges that gave rise to it are pending is specifically authorized by current regulations, 28 C.”
Wilson v. United States, 767 F. Supp. 551 (S.D.N.Y. 1991). “§ 4213 (1988) 2 ; 28 C.F.R. § 2.46 . Indeed, the only time a parole officer can seize contraband from a parolee is if the contraband is observed in plain view during the course of the officer’s normal contacts with the parolee and the parolee gives his consent to the seizure.”
Thompson v. Crabtree, 82 F.3d 312 (9th Cir. 1996). “No charges other than that of parole violation were pending against him at that time. He was not arraigned on the subsequent bank robbery charges until eight days after his initial detention.”
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— 28 C.F.R. § 2.46(c) — 1 case
Phillip H. Joiner v. Gary L. Henman, Warden, & United States Parole Comm'n, 902 F.2d 1251 (7th Cir. 1990). “” The Parole Commission summarized its reasons for amending the section: It has been argued by some parolees that under the present 28 CFR 2.46(c), if the "running" of the sentence is suspended by the issuance of the warrant, then they cannot continue to be supervised in a case…”
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