§3050 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Bureau of Prisons officers and employees can make arrests without a warrant for certain crimes. They may arrest anywhere for offenses in 18 U.S.C. 111, 751, 752, or 28 U.S.C. 1826(c) (assaulting officers, escape, or helping someone escape). They may arrest on Bureau grounds or reservation land for crimes in 18 U.S.C. 661, 1361, 1363, 1791, 1792, and 1793 (theft, property damage, contraband, mutiny/riot, trespass). They may also arrest without a warrant for any other offense in title 18 or 21 if it happens on Bureau penal or correctional premises and the arrest is needed to protect security, good order, or government property.

Title 18, §3050

Crimes and Criminal Procedure — Source: USLM XML via OLRC

An officer or employee of the Bureau of Prisons may—

(1)make arrests on or off of Bureau of Prisons property without warrant for violations of the following provisions regardless of where the violation may occur: section 111 (assaulting officers), 751 (escape), and 752 (assisting escape) of title 18, United States Code, and section 1826(c) (escape) of title 28, United States Code;

(2)make arrests on Bureau of Prisons premises or reservation land of a penal, detention, or correctional facility without warrant for violations occurring thereon of the following provisions: section 661 (theft), 1361 (depredation of property), 1363 (destruction of property), 1791 (contraband), 1792 (mutiny and riot), and 1793 (trespass) of title 18, United States Code; and

(3)arrest without warrant for any other offense described in title 18 or 21 of the United States Code, if committed on the premises or reservation of a penal or correctional facility of the Bureau of Prisons if necessary to safeguard security, good order, or government property;

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 753k (June 29, 1940, ch. 449, § 5, 54 Stat. 693). Section was broadened to include authority to make arrests for mutiny, riot or traffic in dangerous instrumentalities, by reference to section 1792 of this title. Minor changes were made in phraseology and provision for taking arrested person before magistrate was omitted as covered by rule 5(a) of the Federal Rules of Criminal Procedure.

Editorial Notes

Amendments

1986—Pub. L. 99–646 amended first sentence generally and substituted “such prisoner” for “he” in second sentence. Prior to amendment, first sentence read as follows: “An officer or employee of the Bureau of Prisons of the Department of Justice may make arrests without warrant for violations of any of the provisions of section 751, 752, 1791, or 1792 of this title, if he has reasonable grounds to believe that the arrested person is guilty of such offense, and if there is likelihood of his escaping before a warrant can be obtained for his arrest.”

Executive Documents

Transfer of Functions

Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 2 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government Organization and Employees.

§3050 Bureau of Prisons employees’ powers