U.S. Code
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Title 18
» Part PART II— CRIMINAL PROCEDURE › Chapter CHAPTER 203— ARREST AND COMMITMENT
18 U.S.C. § 3050
Bureau of Prisons employees’ powers
An officer or employee of the Bureau of Prisons may—(1) make arrests on or off of Bureau of Prisons property without warrant for violations of the following provisions regardless of where the violation may occur: sections 111 (assaulting officers), 751 (escape), and 752 (assisting escape) of title 18, United States Code, and section 1826(c) (escape) of title 28, United States Code;(2) make arrests on Bureau of Prisons premises or reservation land of a penal, detention, or correctional facility without warrant for violations occurring thereon of the following provisions: sections 661 (theft), 1361 (depredation of property), 1363 (destruction of property), 1791 (contraband), 1792 (mutiny and riot), and 1793 (trespass) of title 18, United States Code; and(3) arrest without warrant for any other offense described in title 18 or 21 of the United States Code, if committed on the premises or reservation of a penal or correctional facility of the Bureau of Prisons if necessary to safeguard security, good order, or government property;if such officer or employee has reasonable grounds to believe that the arrested person is guilty of such offense, and if there is likelihood of such person’s escaping before an arrest warrant can be obtained. If the arrested person is a fugitive from custody, such prisoner shall be returned to custody. Officers and employees of the said Bureau of Prisons may carry firearms under such rules and regulations as the Attorney General may prescribe.(June 25, 1948, ch. 645, 62 Stat. 817; Pub. L. 99–646, § 65, Nov. 10, 1986, 100 Stat. 3615.)Historical and Revision NotesBased on title 18, U.S.C., 1940 ed., § 753k (June 29, 1940, ch. 449, § 5, 54 Stat. 693).
Section was broadened to include authority to make arrests for mutiny, riot or traffic in dangerous instrumentalities, by reference to section 1792 of this title.
Minor changes were made in phraseology and provision for taking arrested person before magistrate was omitted as covered by rule 5(a) of the Federal Rules of Criminal Procedure.
Editorial NotesAmendments1986—Pub. L. 99–646 amended first sentence generally and substituted “such prisoner” for “he” in second sentence. Prior to amendment, first sentence read as follows: “An officer or employee of the Bureau of Prisons of the Department of Justice may make arrests without warrant for violations of any of the provisions of sections 751, 752, 1791, or 1792 of this title, if he has reasonable grounds to believe that the arrested person is guilty of such offense, and if there is likelihood of his escaping before a warrant can be obtained for his arrest.”
Executive DocumentsTransfer of FunctionsFunctions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government Organization and Employees.
Notes of Decisions
United States v. Watson, 423 U.S. 411 (1975).
· cites it 2× “, 18 U. S. C. § 3050 , with respect to employees of the Bureau of Prisons.”
McGowan v. United States, 825 F.3d 118 (2d Cir. 2016).
“The government does not challenge Rivers' status as an "investigative or law enforcement officer[],” and we have previously recognized that BOP employees so qualify based on their authority to make arrests under 18 U.S.C. § 3050 . See Hernandez v. Lattimore, 612 F.”
Jordan v. United States Dep't of Just., 668 F.3d 1188 (10th Cir. 2011).
· cites it 2× “Under 18 U.S.C. § 3050 (1), BOP officers and employees are authorized to “make arrests” for violations of several statutory sections describing “escape” offenses, specifically, 18 U.”
Pellegrino v. U.S. Transp. SEC. Admin., 896 F.3d 207 (3rd Cir. 2018).
· cites it 2× “Likewise, Bureau of Prisons officers are entitled to carry firearms and make arrests for violations of federal law, see 18 U.S.C. § 3050 , as are customs officers, see 19 U.”
Nadine Pellegrino v. TSA, 937 F.3d 164 (3rd Cir. 2019).
“Likewise, Bureau of Prisons officers are entitled to carry firearms and make arrests for violations of federal law, see 18 U.S.C. § 3050 , as are customs officers, see 19 U.”
Rent v. United States, 209 F.2d 893 (5th Cir. 1954).
· cites it 2× “The main effort to justify the search of the automobile was as incidental to the arrest of this defendant. We find statutes authorizing the United States Marshals, Agents of the Federal Bureau of Investigation, and certain other federal officers, to make arrests without warrant…”
DeLong v. United States, 600 F. Supp. 331 (D. Alaska 1984).
· cites it 2× “, 18 U.S.C. § 3050 (powers of Bureau of Prisons officers); Id.”
Crooker v. U. S. Dep't of Just., 497 F. Supp. 500 (D. Conn. 1980).
“18 U.S.C. § 3050 . Despite the lack of specific statutory authorization, defendants argue that they are nevertheless empowered to conduct investigations of many of the offenses set forth in section 2516.”
Abc v. Def, 500 F.3d 103 (2d Cir. 2007).
· cites it 2× “” See 18 U.S.C. § 3050 . But the definition of “law enforcement officer” in subsection (h) is expressly limited to subsection (h) and does not apply to § 2680 generally.”
Clyde Albert Walker v. United States, 225 F.2d 447 (5th Cir. 1955).
“18 U.S.C.A. §§ 3050 to 3054, inclusive. Under Alabama State law also, an officer may arrest any person without a warrant “when he has reasonable cause to believe that the person arrested has committed a felony.”
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