Page:United States Statutes at Large Volume 114 Part 1.djvu/249

 PUBLIC LAW 106-185—APR. 25, 2000 114 STAT. 213 "(iv) prevails in obtaining forfeiture with respect to one or more of the other claims. "(D) If the court enters judgment in part for the claimant and in part for the Government, the court shall reduce the award of costs and attorney fees accordingly.". (b) TECHNICAL AND CONFORMING AMENDMENT. —The analysis for chapter 163 of title 28, United States Code, is amended by striking the item relating to section 2465 and inserting the following: "2465. Return of property to claimant; liability for wrongful seizure; attorney fees, costs, and interest.". SEC. 5. SEIZURE WARRANT REQUIREMENT. (a) IN GENERAL.—Section 981(b) of title 18, United States Code, is amended to read as follows: "(b)(1) Except as provided in section 985, any property subject to forfeiture to the United States under subsection (a) may be seized by the Attorney General and, in the case of property involved in a violation investigated by the Secretary of the Treasury or the United States Postal Service, the property may also be seized by the Secretary of the Treasury or the Postal Service, respectively. "(2) Seizures pursuant to this section shall be made pursuant to a warrant obtained in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure, except that a seizure may be made without a warrant if— "(A) a complaint for forfeiture has been filed in the United States district court and the court issued an arrest warrant in rem pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims; "(B) there is probable cause to believe that the property is subject to forfeiture and— "(i) the seizure is made pursuant to a lawful arrest or search; or "(ii) another exception to the Fourth Amendment war- . rant requirement would apply; or "(C) the property was lawfully seized by a State or local law enforcement agency and transferred to a Federal agency. "(3) Notwithstanding the provisions of rule 41(a) of the Federal Rules of Criminal Procedure, a seizure warrant may be issued pursuant to this subsection by a judicial officer in any district in which a forfeiture action agEunst the property may be filed under section 1355(b) of title 28, and may be executed in any district in which the property is found, or transmitted to the central authority of any foreign state for service in accordance with any treaty or other international agreement. Any motion for the return of property seized under this section shall be filed in the district court in which the seizure warrant was issued or in the district court for the district in which the property was seized. "(4)(A) If any person is arrested or charged in a foreign country in connection with an offense that would give rise to the forfeiture of property in the United States under this section or under the Controlled Substances Act, the Attorney General may apply to any Federal judge or magistrate judge in the district in which the property is located for an ex parte order restraining the property subject to forfeiture for not more than 30 days, except that the time may be extended for good cause shown at a hearing conducted

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