18 U.S.C. § 2234
Authority exceeded in executing warrant
Whoever, in executing a search warrant, willfully exceeds his authority or exercises it with unnecessary severity, shall be fined under this title or imprisoned not more than one year, or both.
Notes of Decisions
Cited in 16
cases (6 in the last 5 years), 1965–2025 · leading case: United States v. Santiago-Mendez
United States v. Santiago-Mendez (2012)
“" 18 U.S.C. § 2234 . Section 2235 provides a criminal penalty for "[w]hoever maliciously and without probable cause procures a search warrant to be issued and executed.”
In re Search Warrant Dated July 4, 1977 (1981)
“Upon reviewing the testimony, several of the documents just mentioned, and the summary descriptions found in the government’s inventory, the district court ruled that the agents of the United States illegally and unconstitutionally executed the warrant and converted their…”
Araceli Rodriguez v. Lonnie Swartz (2018)
“was not an American citizen, and because he was not shot within the jurisdiction of the United States, Rodriguez could not sue a state or local police officer for this type of shooting.”
Webster Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics (1969)
“Congress has made it a federal crime to execute a search warrant with unnecessary severity or to exceed willfully one’s authority in executing it, 18 U.S.C. § 2234 ; to procure the issuance of a search warrant maliciously and without probable cause, 18 U.”
Bansal v. Russ (2007)
“In Count 21, Plaintiff alleges the AUSA Defendants violated 18 U.S.C. § 2234 (authority exceeded in executing warrant) by conducting a warrantless search of Plaintiffs garage.”
George Frank Simpson v. United States (1965)
“18 U.S.C. §§ 2234 , 2235, 2236. . The Supreme Court summarily vacated the judgment in the Murray case and remanded it to the Court of Appeals for further consideration.”
Printz v. United States (1994)
“§ 1111 (b) (applies to everyone); 18 U.S.C. § 2234 (applies only to law enforcement officers).”
Schrob v. Catterson (1991)
“The noted exceptions under 18 U.S.C.A. §§ 2234 & 2235 provide criminal liability of imprisonment up to one year or a $1,000 fine for seeking a search warrant maliciously or without probable cause, or for willfully exceeding authority in exercising a warrant.”
Church of Scientology of California v. Linberg (1981)
“search was general and exploratory in violation of the Fourth Amendment and 18 U.S.C. § 2234 , and therefore again ordered return of the documents seized in the District of Columbia and the destruction of all copies.”
United States v. Elam Reamuel Temple (1967)
“§ 2076 (willful neglect of district court clerk); 18 U.S.C. § 2234 (willful exceeding of authority in executing search warrant); 18 U.”
Crowe v. Gee (2025)
“6 Plaintiff’s Response asserts the following arguments in opposition to the Motion to Dismiss: (i) Judge Robbenhaar should not have granted Defendants an extension of time to answer; (ii) Bivens does not apply; (iii) the Amended Complaint states a claim pursuant to 18 U.S.C. §§…”
Walker v. Walker (2023)
“§ 1708–“Theft or receipt of stolen mail matter generally; “The Constitutional Supremacy Clause”; 18 U.S.C. § 2234–“Authority exceeded in executing warrant”; 18 U.”
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