Page:United States Statutes at Large Volume 76A.djvu/518

–422– -422CHAPTER 9—ARRESTS, SEARCHES, AND SEIZURES See.

271. 272. 273. 274. 275. 276.

Malicious procurement of warrants. Arrest, seizure, levy, or dispossession without authority. Refusal by officer to make arrest. Refusal to aid in arrest or in preventing offenses. Delay in taking arrested person before magistrate. Searches without warrant.

§ 271. Malicious procurement of warrants Whoever, maliciously and without probable cause, procures a search warrant or warrant of arrest to be issued and executed, shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both. § 272. Arrest, seizure, levy, or dispossession without authority Whoever, being a public officer, and under pretense or color of process or other legal authority: (1) arrests a person or detains him against his will; (2) seizes or levies upon any property; or (3) dispossesses a person of any lands or property— without a regular process or other lawful authority therefor, shall be punished by a fine of not more than $1,000, or by imprisonment in jail for not more than one year or in the penitentiary for not more than three years, or by both such fine and imprisonment. § 273. Refusal by officer to make arrest Whoever, being a marshal, deputy marshal, constable, policeman or other peace officer, willfully refuses to execute a duly issued warrant for the arrest of a person charged with a criminal offense, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than three years, or both. § 274. Refusal to aid in arrest or in preventing offenses Whoever, being a male person over 18 years of age, neglects or refuses to aid and assist in: (1) taking or arresting a person against whom any process is issued; (2) retaking a person who, after being arrested or confined, may have escaped from the arrest or imprisonment; or (3) preventing a breach of the peace or the commission of a criminal offense— after having been thereto lawfully required by a marshal, policeman, or other officer concerned in the administration of justice, shall be fined not more than $1,000. § 275. Delay in taking arrested person before magistrate Whoever, having arrested a person upon a criminal charge, willfully delays to take the person before a magistrate or other officer having jurisdiction to take his examination, shall be fined not more than $100 or imprisoned not more than 30 days, or both. § 276. Searches without warrant (a) Whoever, being an officer, agent, or employee of the United States or a department or agency thereof, engaged in the enforcement of any provision of this Code or of any law of the United States relating to or applicable to or within the Canal Zone: (1) searches a private dwelling, used and occupied as a private dwelling, without a warrant directing the search; or (2) maliciously and without reasonable cause, searches any other building or property without a search warrant— shall, for a first offense, be fined not more than $1,000; and, for a subsequent offense, be fined not more than $1,000 or imprisoned in jail not more than one year, or both.

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