18 U.S.C. § 2236

Searches without warrant

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Whoever, being an officer, agent, or employee of the United States or any department or agency thereof, engaged in the enforcement of any law of the United States, searches any private dwelling used and occupied as such dwelling without a warrant directing such search, or maliciously and without reasonable cause searches any other building or property without a search warrant, shall be fined under this title for a first offense; and, for a subsequent offense, shall be fined under this title or imprisoned not more than one year, or both.

This section shall not apply to any person—

(a) serving a warrant of arrest; or

(b) arresting or attempting to arrest a person committing or attempting to commit an offense in his presence, or who has committed or is suspected on reasonable grounds of having committed a felony; or

Notes of Decisions

Cited in 18 cases (7 in the last 5 years), 1949–2024 · leading case: Webster Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics

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Webster Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics (1969) ca2 · cites it 2× “§ 2235 ; and, in certain circumstances, to search an occupied pri *725 vate building without a warrant, 18 U.S.C. § 2236 . In the area of the liability of the United States for the torts of its agents we have the Tort Claims Act, 28 U.”

United States v. Rabinowitz (1949) ca2 · cites it 3× “1302 ; and see 18 U.S.C.A. § 2236 , formerly § 53a. [2] L.”

United States v. G. Gordon Liddy (1976) cadc “s section shall not apply to any person— (a) serving a warrant of arrest; or (b) arresting or attempting to arrest a person committing or attempting to commit an offense in his presence, or who has committed or is suspected on reasonable grounds of having committed a felony; or…”

Bansal v. Russ (2007) paed “In Count 22, Plaintiff alleges Defendant Cohan violated 18 U.S.C. § 2236 (searches without warrant) by conducting warrant-less searches and seizures between August 2004 and June 2005.”

United States of America Ex Rel. Herbert Sperling, Relator-Appellant v. Walter v. Fitzpatrick, Warden, West Street House (1970) ca2 “40, 1967) provides that a public servant is guilty of misconduct, a class A misdemeanor, whenever, “with intent to * * * deprive another person of a benefit: 1.”

United States v. Payner (1977) ohnd “Of course 18 U.S.C. § 2236 (b) poses none of the deterrence effected by state criminal law against purposefully improper conduct by federal officials when they act on “reasonable grounds” to suspect the person searched committed a felony.”

Margaret Louise Breitwieser and James J. Breitwieser v. Kms Industries, Inc., D/B/A Advo Systems (1972) ca5 “Gomez is troublesome to the majority. In that case, this Court concluded that cutting off federal grants to the states for programs under the Wagner-Peyser National Employment System Act was an inadequate remedy for those who suffered from the loss— the workers.”

United States v. Birrell (1967) nysd “41(g); 18 U.S.C. § 2236 . 7 . Under Rule 41(d), the inventory must accompany the return of the warrant, and the warrant must be returned within 10 days of its issuance.”

Evelyn Miller v. United States (1956) ca5 “Until they found a lawful way to step over this protective wall, or obtain the voluntary consent of appellant, it, not the appellant, gave the wanted witness sanctuary.”

George H. Hughes v. James Johnson (1962) ca9 “Appellants’ position is that the conduct of the wardens amounted to unlawful search and seizure and that the violation of such constitutional rights, made criminal by law ( 18 U.S.C. § 2236 ), is not protected by immunity under Barr v.”

LOMBARDO v. ZANELLI (2024) paed · cites it 3× “Although searches generally require probable cause or, at least, reasonable suspicion, there are exceptions including one that permits an arresting officer to perform a search incident to an 8 Lombardo also references 18 U.S.C. § 2236 (searches without warrant) in support of…”

United States v. Burchfield (1949) tned “” The only federal statute that reflects the federal viewpoint generally is 18 U.S.C.A. § 2236 , which is the penal statute against search of dwellings by federal officers without search warrants.”

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