19 U.S.C. § 482

Search of vehicles and persons

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(a) Any of the officers or persons authorized to board or search vessels may stop, search, and examine, as well without as within their respective districts, any vehicle, beast, or person, on which or whom he or they shall suspect there is merchandise which is subject to duty, or shall have been introduced into the United States in any manner contrary to law, whether by the person in possession or charge, or by, in, or upon such vehicle or beast, or otherwise, and to search any trunk or envelope, wherever found, in which he may have a reasonable cause to suspect there is merchandise which was imported contrary to law; and if any such officer or other person so authorized shall find any merchandise on or about any such vehicle, beast, or person, or in any such trunk or envelope, which he shall have reasonable cause to believe is subject to duty, or to have been unlawfully introduced into the United States, whether by the person in possession or charge, or by, in, or upon such vehicle, beast, or otherwise, he shall seize and secure the same for trial.(b) Any officer or employee of the United States conducting a search of a person pursuant to subsection (a) shall not be held liable for any civil damages as a result of such search if the officer or employee performed the search in good faith and used reasonable means while effectuating such search.(R.S. § 3061; Pub. L. 107–210, div. A, title III, § 341(a), Aug. 6, 2002, 116 Stat. 980.)Editorial NotesCodification

R.S. § 3061 derived from act July 18, 1866, ch. 201, § 3, 14 Stat. 178.

Amendments

2002—Pub. L. 107–210 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date of 2002 Amendment

Amendment by Pub. L. 107–210 applicable to petitions for certification filed under part 2 or 3 of subchapter II of chapter 12 of this title on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107–210, set out as a note preceding section 2271 of this title.

Requirement To Post Policy and Procedures for Searches of Passengers

Pub. L. 107–210, div. A, title III, § 341(b), Aug. 6, 2002, 116 Stat. 980, provided that: “Not later than 30 days after the date of the enactment of this Act [Aug. 6, 2002], the Commissioner of Customs shall ensure that at each Customs border facility appropriate notice is posted that provides a summary of the policy and procedures of the Customs Service for searching passengers, including a statement of the policy relating to the prohibition on the conduct of profiling of passengers based on gender, race, color, religion, or ethnic background.”

[For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.]

Notes of Decisions

Cited in 291 cases (3 in the last 5 years), 1927–2025 · leading case: United States v. Montoya De Hernandez, 473 U.S. 531 (1985).

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United States v. Montoya De Hernandez, 473 U.S. 531 (1985). · cites it 8× “Having presented herself at the border for admission, and having subjected herself to the criminal enforcement powers of the Federal Government, 19 U. S. C. § 482 , respondent was entitled to be free from unreasonable search and seizure.”

United States v. Ramsey, 431 U.S. 606 (1977). · cites it 8× “Title 19 U. S. C. § 482 , a recodification of Rev.”

Melvin Corngold v. United States, 367 F.2d 1 (9th Cir. 1966). · cites it 11× “With all the facts outlined herein in mind, I conclude: the search was justified as reasonable (1) because there was probable cause to believe an unlawful act —the receiving, and the facilitating of the transportation of merchandise known to have been smuggled into the United…”

United States v. Maria Lucia Collins, 764 F.2d 647 (9th Cir. 1985). · cites it 9× “Collins filed a pretrial motion to suppress the cocaine alleging that the Customs officers did not retain custody of the cocaine and secure it for trial, but rather transferred custody to the DEA, in violation of 19 U.S.C. § 482 (1982). On May 21, 1984, after argument, the…”

United States v. Ayala, 43 M.J. 296 (C.A.A.F. 1995). · cites it 4× “Appellant relies, however, on 19 USC § 482 , which authorizes a customs official “to search any trunk or envelope, wherever found, in which he may have a reasonable cause to suspect there is merchandise which was imported contrary to law.”

United States v. Miguel Cano, 934 F.3d 1002 (9th Cir. 2019). · cites it 3× “1979) (citing 19 U.S.C. § 482 ).4 This includes customs and immigration officials, but not general law enforcement officers such as FBI agents.”

United States v. Peltier, 422 U.S. 531 (1975). · cites it 4× “178 , 19 U. S. C. § 482 . [4] Moreover, the Courts of Appeals require some measure of cause to suspect violation of law in interrogations and arrests authorized by other subsections of 8 U.”

United States v. Nina Helene Fogelman, Mark Knight Odiorne, Peter Michael Davis, Harold E. Olson & Eldon Thompson, 586 F.2d 337 (5th Cir. 1978). · cites it 6× “Once this point is reached with the accompanying knowledge of the unlawfully imported marijuana, the ODESSA, its cargo, and the trucks used to facilitate its transportation to the ultimate destinations were subject to seizure under the respectively applicable provisions of 19…”

United States v. Manuel Flores-Montano, 424 F.3d 1044 (9th Cir. 2005). · cites it 4× “Flores-Montano contends that inspectors unlawfully searched his gas tank in violation of 19 U.S.C. § 482 , which he contends requires some “subjective” or “good faith” suspicion pri- or to conducting a search.”

United States v. Jonathon Marc Sutter, 340 F.3d 1022 (9th Cir. 2003). · cites it 4× “§ 1581 but rather, because he had technically entered the United States, a search not at the border and therefore governed by 19 U.S.C. § 482 . The search was undeniably a border search.”

United States v. Houshang Sheikh, 654 F.2d 1057 (5th Cir. 1981). · cites it 3× “19 U.S.C. § 482 (see note 14). On January 29, 1980, customs inspector Cromer opened the crated package (containing the Koran, the display case, and the heroin) while it was stored in the American Airlines in-bound room, an area set aside by the carrier to house international…”

United States v. Richard McDaniel, 463 F.2d 129 (5th Cir. 1972). · cites it 5× “19 U.S.C.A. §§ 482 , 1581; 19 C.F.R. §§ 23.”

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