16 U.S.C. § 706

Arrests; search warrants

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 16 CasesGoogle Scholar

Any employee of the Department of the Interior authorized by the Secretary of the Interior to enforce the provisions of this subchapter shall have power, without warrant, to arrest any person committing a violation of this subchapter in his presence or view and to take such person immediately for examination or trial before an officer or court of competent jurisdiction; shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction for the enforcement of the provisions of this subchapter; and shall have authority, with a search warrant, to search any place. The several judges of the courts established under the laws of the United States, and United States magistrate judges may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. All birds, or parts, nests, or eggs thereof, captured, killed, taken, sold or offered for sale, bartered or offered for barter, purchased, shipped, transported, carried, imported, exported, or possessed contrary to the provisions of this subchapter or of any regulation prescribed thereunder shall, when found, be seized and, upon conviction of the offender or upon judgment of a court of the United States that the same were captured, killed, taken, sold or offered for sale, bartered or offered for barter, purchased, shipped, transported, carried, imported, exported, or possessed contrary to the provisions of this subchapter or of any regulation prescribed thereunder, shall be forfeited to the United States and disposed of by the Secretary of the Interior in such manner as he deems appropriate.

Notes of Decisions

Cited in 18 cases, 1962–2020 · leading case: United States v. FMC Corp.

Sort: Relevance Newest Treatment

United States v. FMC Corp. (1977) nywd · cites it 3× “2 MOTION TO SUPPRESS EVIDENCE Defendant has moved under Federal Rule 41(e) to suppress all evidence obtained from its premises which is the basis for Counts 1 through 13 of the indictment, upon the grounds that such evidence was obtained illegally in violation of the fourth…”

Mahler v. United States Forest Service (1996) insd · cites it 2× “16 U.S.C. § 706 . The statute contains both felony and misdemeanor provisions.”

United States v. Swann (1974) mdd · cites it 4× “Appellant argues, however, that even if not required by the Fourth Amendment, a warrant was required by 16 U. S.C. § 706 which states in part: “Any employee of the Department of the Interior authorized by the Secretary of the Interior to enforce the provisions of sections…”

Conservation Force v. Salazar (2011) dcd “” 16 U.S.C. § 706 (2)(b). "Plaintiffs [assert] a claim under the APA .”

United States v. Warren Dean Drake (1981) ca10 “16 U.S.C. § 706 requires that protected birds “when found, be seized and, upon conviction of the offender .”

George H. Hughes v. James Johnson (1962) ca9 “* * * The records so required to be maintained shall be retained by the person or persons responsible for their preparation and maintenance for one year following the close of the open season on migratory game birds prescribed for the State in which such picking establishment,…”

Backcountry Against Dumps v. Chu (2015) casd “16 U.S.C. §§ 706 , 707; City of Sausalito, 386 F.”

State v. Goldberg (1975) ariz · cites it 2× “He argues that these agents have only the limited authority provided in 16 U.S.C. § 706 , 18 U.S.C. § 3054 , and 50 C.”

United States v. 16 Mounts, Rugs & Horns (2015) nmd “16 U.S.C. § 706 (emphasis added). Phrased succinctly, the statute demands that the Court order the forfeiture of each of the sixty-four bird carcasses at issue here if it judges that the specimen in question is protected by the MBTA.”

Joseph Aiuppa v. United States (1964) ca10 “The search and seizure of the mourning doves was conducted by Federal *148 Game Management Agents acting under authority of 16 U.S.C. § 706 , 2 which pertinently provides that such Agents “ * * * shall have power, without warrant, to arrest any person committing a violation of…”

United States v. Catlett (1984) ca6 “16 U.S.C. § 706 . In the present case, appellants have been charged and convicted only under the latter offense, taking migratory birds on or over a baited field.”

United States v. Greenhead, Inc. (1966) cand “That being the case, he had not only the right, but the duty, to investigate and, upon discovery, confiscate those ducks (See: Title 16 U.S.C. § 706 , quoted supra, Note 4). It is, therefore, ordered that defendant’s motion to suppress evidence pursuant to Rule 41(e), Federal…”

Show all 18 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.