28 U.S.C. § 564
Powers as sheriff
United States marshals, deputy marshals and such other officials of the Service as may be designated by the Director, in executing the laws of the United States within a State, may exercise the same powers which a sheriff of the State may exercise in executing the laws thereof.
Notes of Decisions
Cited in 21
cases (8 in the last 5 years), 1970–2025 · leading case: United States v. William Weiland, 420 F.3d 1062 (9th Cir. 2005).
United States v. William Weiland, 420 F.3d 1062 (9th Cir. 2005). “Marshals have long had the authority to seek and execute federal search warrants, 28 U.S.C. §§ 564 , 566. When Rick-etts applied for the warrant, his affidavit indicated that he authored the warrant affidavit in his capacity as a Special Deputy U.”
UNITED STATES of Am., Plaintiff-Appellee, v. Juan Ramon MATTA-BALLESTEROS, Defendant-Appellant, 71 F.3d 754 (9th Cir. 1995). “The governing statute provides that it is “the primary role and mission of the United States Marshals Service to provide for the security and to obey, execute, and enforce all orders of the United States District Courts, the United States Courts of Appeals and the Court of…”
Monteria Najuda Robinson v. William Sauls, 102 F.4th 1337 (11th Cir. 2024). “” 28 U.S.C. § 564 . Congress has carved out several roles for the USMS.”
State v. Dial, 746 S.E.2d 495 (S.C. Ct. App. 2013). “exercise the same powers which a sheriff of the State may exercise in executing the laws thereof is set forth in 28 U.S.C. § 564 .” *255 We find the MOU was valid pursuant to its cited federal authority.”
Kopko v. Miller, 842 A.2d 1028 (Pa. Commw. Ct. 2004). “See 28 U.S.C. § 564 . Thus, United States Marshals are empowered to arrest for: (i) any offense against the United States or for any felony cognizable under the laws of the United States; and (ii) any breach of the peace committed in their presence.”
Huguenin v. Ponte, 29 F. Supp. 2d 57 (D.R.I. 1998). “See 28 U.S.C. § 564 ; see also R.I.Gen.Laws § 12-7-21 (1994 Reenactment) (including the Rhode Island sheriff's department within the definition of “peace officer").”
United States v. Artis, 315 F. Supp. 3d 1142 (N.D. Cal. 2018). “Specifically, the government argued that because 28 U.S.C. § 564 authorizes members of the United States Marshals Service to exercise the "same powers which a sheriff of the State may exercise in executing the laws thereof," and because a "sheriff" is listed as a state peace…”
Schueler v. Rayjas Enter., Inc., 847 F. Supp. 1147 (S.D.N.Y. 1994). “This provisions expands the power and ability of the marshal set out in 28 U.S.C. § 564 . Section 3013 [see 28 USC § 8010 ].”
N.S. v. Hughes (D.D.C. 2020). “28 U.S.C. § 564 . Created by the Judiciary Act of 1789, the Marshals Service was initially an arm of the federal courts, but since 1861, officers have served at the behest of both the judiciary and the Attorney General.”
N.S. v. Hughes (D.D.C. 2021). “28 U.S.C. § 564 . Though the USMS was solely an arm of the federal courts when initially created by the Judiciary Act of 1789, USMS officers have served both the judiciary and the Attorney General since 1861.”
State of Ohio v. Meade (S.D. Ohio 2022). “) Third, Meade cites 28 U.S.C. § 564 , which gives U.S. marshals and deputy marshals and other officials the powers of a state sheriff: United States marshals, deputy marshals and such other officials of the Service as may be designated by the Director, in executing the laws of…”
Auth. of FBI Agents, Serving As Special Deputy United States Marshals, to Pursue Non-Fed. Fugitives (OLC 1995). “Marshal is engaged in an approved investigation o f state law fugitives under section 566(e)(1)(B), the marshal’s derivative state sheriff powers under 28 U.S.C. §564 and the marshal’s inherent authority to take enforcement actions necessary to carry out his federal duties…”
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