21 U.S.C. § 879
Search warrants
A search warrant relating to offenses involving controlled substances may be served at any time of the day or night if the judge or United States magistrate judge issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant and for its service at such time.
Notes of Decisions
Cited in 54
cases (1 in the last 5 years), 1971–2024 · leading case: Gooding v. United States, 416 U.S. 430 (1974).
Gooding v. United States, 416 U.S. 430 (1974). “[7] A second federal statute relating only to searches for "controlled substances" is found in 21 U. S. C. § 879 (a), [8] which was enacted in *439 1970.”
Antoine Jones v. Steve Kirchner, 835 F.3d 74 (D.C. Cir. 2016). “9 In holding the alleged nighttime entry violated the Fourth Amendment, we reject the Defendants’ argument that 21 U.S.C. § 879 overrode the time restrictions imposed by the magistrate.”
United States v. Tucker, 313 F.3d 1259 (10th Cir. 2002). “) The Memorandum and Order noted that defendants Tucker and Cornelius contended that because the search warrant was executed at night, search of the trailer was unreasonable and violated their Fourth Amendment rights. Specifically the defendants argued that execution of the…”
United States v. Richard J. Rizzi, 434 F.3d 669 (4th Cir. 2006). “The court rejected the government’s argument that 21 U.S.C. § 879 , which specifically authorizes the nighttime execution of a search warrant involving controlled substances, governs, rather than Rule 41(e).”
United States v. Burch, Larry D., 156 F.3d 1315 (D.C. Cir. 1998). “21 U.S.C. § 879 instructs that a “search warrant relating to offenses involving controlled substances may be served at any time of the day or night if the judge or United States magistrate issuing the warrant is satisfied that there is probable cause to believe that grounds…”
United States v. Thomas, 294 A.2d 164 (D.C. 1972). “NEBEKER, Associate Judge: This appeal, brought by the Government from an adverse ruling on a motion to suppress, presents a question as to the nature of the averments required for the issuance of a nighttime search warrant pursuant to 21 U.S.C. § 879 (a) (1970). [1] The…”
United States v. Titus Thomas, AKA Tee, 489 F.2d 664 (5th Cir. 1974). “” The trial court held that this night search was proper under 21 U.S.C. § 879 , because such act fell within the exception as allowed in Federal Rules of Criminal Procedure 41(h).”
United States v. Lonnie Gooding, United States of Am. v. Leon F. Barnett, 477 F.2d 428 (D.C. Cir. 1973). “6 Finally, the federal narcotics search warrant provision, 21 U.S.C. § 879 (a), provides that A search warrant relating to offenses involving controlled substances may be served at any time of the day or night if the judge or United States magistrate .”
Roth v. State, 2007 ND 112 (N.D. 2007). “Therefore, federal case law on nighttime searches involving drugs is of very little relevance to our analysis unless we know that the search was considered under state law and that state has similar law to ours. [¶ 43] The majority cites state court cases to support its…”
State v. Jordan, 742 N.W.2d 149 (Minn. 2007). “21 U.S.C. § 879 (2000). The Federal Rules of Criminal Procedure define "daytime" to mean the hours from 6 a.”
United States v. Patrick Harm Keene, 915 F.2d 1164 (8th Cir. 1990). “” 21 U.S.C. § 879 (emphasis added). A nighttime search under this statute “requires no special showing .”
United States v. Lawson, 502 F. Supp. 158 (D. Maryland 1980). “§ 876 , and traditional search warrants, 21 U.S.C. § 879 . The government’s argument that administrative inspection warrants may be used for any purpose listed in Subchapter I, including investigations designed solely to result in criminal prosecutions, is untenable.”
— 21 U.S.C. § 879(a) — 1 case
United States v. Green, 331 F. Supp. 44 (D.D.C. 1971).
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