Page:United States Statutes at Large Volume 44 Part 1.djvu/522

 § 604: TITLE 18.--—CRIMINAL GODE A or jailer, as his authority to hold the prisoner, and the original writ, warrazxtyor mittimus shall be returned to the proper court i or ohicer, with the o§lcer”s return thereon. (R. S. S 1028.) : 604. Same; for removal of prisoner.—Only one writ or l warrant is necessary to remove a prisoner from one district · to another. One copy thereof may be deliyered to the sheri& or jailer, from whose custody the prisoner is °taken,`and another · to the sheriff or jaileri to whose custody he is committed, and · the original writ, with the marshalfs return thereongshall be t returned to the clerk of the district to which she is removeds · (R. S. §1029.) ‘ _· ” X 605. Same; to bring prisoner into coi1rt.——No writ is necese sary to bring into court any priso11er`or_person_ in custodyfor 1 for remandixng him from the court into custody; but the (same · shall be done on the order of the court or district attorney, —· for which no fees shall be charged Hy the Cl€1‘k~0l! marshal. (R. S. 5 1030.). ., .E Q · » · _: `Qi I .,, .' Chapter 18.—-SEARCH XVARRANT. _ . l Sec. f ._ _ ' j 611. Authority to issue. t # . 612. Grounds for issue. ‘ 4 613. Probable cause and allidavit. _ ‘ 614. Examination of applicant and witnesses. l ($15. AHTid&YiY8. and depositions. ~ j 616. Issue and contents of warrant. . 61'IJ Service. _ ` 618. Same; breaking and entering,. · -. _ ~ _‘ ' 619. Same; breaking and entering to liberate detained personaidiug 7 . in execution of warrant. = “· V; · ‘ Q 620. Same; daytime,. _ _ ‘ . 6::1. Time for execution and return. of warrant. . 622. Copy of warrant and receipt for property taken to person froml I `whom falcon. _ . » _ _. ] 623. Return; contsehtsa, _* ‘ , ( 1 624. copy of inventory tor' person from whom property taken. - 625. Taking testimony. T , _ “ _ . ‘ 626. Restoration of property taken; retention of custody of property by o$cex· or other disposition. , _ 4 827. Films papers with clerk of court having jqrlsdlctlou. , 628. Ohsrroctln service orrexecution. l _ $29. Perjury  subomation of perjury. ‘- 1 830. Malicioosly procuring issue. l 631. Oméer exceeding authority. . 632. “United Etates " ··de¤ned. I 633. Existing laws not repealed. " Cross refcreoce: Jurlsdictlenof otfe¤ses under this chapter,. see sec— 1 tion 57} of tht; title. ‘ · - ‘ I Section 611. Authority to is¤ue.~—;>—A search warrant author-  ized by this chapter may he issued hy ta judge of a United A States district court, or hy a judge of a State or Terrltorid ·, court of record, or by a United States commissioner for the j district wherein the oroperty sought is located, (June 15, 1917,. 1 c. 30, Tit1e_XI, { 1, 40 Stat. 228.)  V { A g 612.·Gronnds for issuer-——A. search warrant may be issued _, under thistehapter upon either of the following grounds: ~ 1. When the property was stolen or embezsled in violation, of a law of the United smes;._1¤ which case it may be taken on 1 the warrant from anyhouse or other place in which It is cou-  t cooled, or from the possession of the person by whom it was 1 stolen or embezzled; or from any person in whosepossessjou it maybe. t `_ .' ‘  1 2. Whoo the property was used as the meansof committing .1 a felony;   which ease lt may be taken oh the warrant from ·; any .hoo‘soor other place in which it is concealed, or` from the 4 possession. of the person by whom- it was used in the commission t of the»oi1'cnse, or from any person sa whose possession it maj hel 1 3L when the broperty, or any paper;·`is possessed, controlled; t or osecl lo violation of section 98. of this title; in which case it may be taker: on the warrant from the. person `vlolatlrig said t section, or from any persoh ln whose possession it may be, or w from any house or other place in which lt is concealed; {June t 15,1912, c. 30, Title X1, § 2,  Stat. 228.) _ W e ‘ ¥ z

. to in. No on1u12m.L Pnoono Una ,2 508 613. Probable canoe and aL0idavit.———A search warrant can not be issued `bnt upon probableganse, supported by andavit, naming or dgseribiijg the person and particularly describing the property and the place to be searched. (June 15, 1917, c. 30, Title _XI, 5 3, 40 Stat. 228.) ‘ .614. 'Examination of applicant and viitnEsses.·——-The judge or commissioner must, before issuing the Evarrant, examine on oath the complainant and any; witness he may produce, and require their affidavits or taketheir depositions in writing and cause themto be- subscribed by the parties making them. (June 15, 1917, c, 30, Title ‘XI, § 4, 40 Stat. 228.) r _ _615.·A$davits', and depositions.--'I‘he andavtts or depositions must set forth the facts tending to establish the grounds of the application or {probable Icausei for beliering that they exist. (June 15, 1917, c; 30, '1‘it_le XI, § 5, 40 Stat. 228.) ' 616. Issue and contents of warrant.45-`If the judge; or commissioner is thereupon satisfied of thegexistence of the groundsroi the application or that there is probable cause to believe their existence, he must issue a search warrant, signed by him with his,§-name of ofliee,·*to‘a civil `oftieer of the United States duly anthorized to enforce·‘or_assisf in enforcing any law thereof, or to a person so duly authorized by the President ot the United States, stating the particular grounds or probable cause for its issue and the names ot the persons whoée andavita have been taken ln support thereof, and commanding him forthwith to search the person or place named, fo? the property speeibed; and to bring it before the judge_or-commissioner. ” (June 15, 1912*, c. SQ; Title XI, 5 6, 40 scat. 229.) l — ‘ ‘6l7. .Servipe.-Aesearch warrant may in all cases be served by any ot the otilcers mentioned an RE direction, but by no other personeexcept in `aid of the oEcer on his requiring lt, he being present and acting in its execution. -(June·15, 1917, c. 30, Title XI, § 7, 40 Stat. 229.). _ · . 618. Seine; breaking and entering.-·'I‘he omcer V may break open any outer or inner door or window of a house, or any? part of a house, or anything therein, to execute t-he warrant, if, after notlée othis authority and purpose, he is refused admittance. (June.15, 1917, c. 30, Title XI, ‘§ 8, 49 Stat. %,)‘ sein aiding in execution of warrant.--He may break open any outer or `lnner door or window eta house for the purpose of liberating aperson who, having enteredtoaid nina in the execution of the rvarrant, nie detained therein, or when necessary for his own liberation} (June 15, 1917, c. 30, Title XI, § 9,40 Stat. 229.) ‘, r. _ _ .»»»620. Same; ·daytime.¢··—·The judge or commissioner m__ust in- ” sort a direction in the warrant th8t.ifb€LS(%I¥€d in the daytime, unless the ailidavlts are positive that the property is on thi person or in the place to_be eearehecl, ne ujhich case hemay ’ ` insert a direction that it behserved at any time of theday or night. (.Iu·ne..15,· 1917, c.·30, Title XI, § 10, 40 Stat.»229.) 621. Time for- execution and return of warrant.-—A search warrant must be executed and returned to the judge or commissioner who issued dt within ten days after its date; after ’ zhe expiration or-this time thewarrant, unless executed, is void. (June 15, 1917, cz.`30, Title XI, § 11, 40 Stat. t _ _622. Qopy of, warrant, and receipt for —` property taken ;t0 V person from 'wnom taken.-—-·When the omcer tahoe property under the warrant, he most give a copy of the warrant to-_ gether with a receipt for the property token (specifying it iu letail) to the person from whom it was taken by him, or in whose- p0eeeseion_ it Won found ; or, ln the absence of any person, ire: `mnet leave it in the plaee 'ngherehe found the property. (June_15, ,1917, eg 30, Title XI, § 1f.*.,“40 Stat. 229.} I “ 623; Return; contents;——-The officer mount fo,rthwith' return
 * 6_19. Same; breakin: and entering to liberate detained pen-·
 * h.e warrant to the judge or coinmiseioner and deliver to him .a I

written inventory of the property taken, niade publicly or an. the presence of the person from whose possession it was taken, md of theapplicant for the warrant, if they are present, vert-