§878 — Title 21 Food and Drugs | U.S. Code

Summary

Gives DEA officers and state, tribal, or local officers picked by the Attorney General certain police powers. They may carry guns, serve and carry out warrants, subpoenas, and summonses issued by the United States, arrest without a warrant for a U.S. offense committed in their presence or for a felony if they have probable cause, seize property under this part of the law, and do other law enforcement tasks the Attorney General assigns. Officers from state or local agencies doing this work are not federal employees and are not covered by federal employee rules, except they must follow section 3374(c) of title 5.

Title 21, §878

Food and Drugs — Source: USLM XML via OLRC

(a)Any officer or employee of the Drug Enforcement Administration or any State, tribal, or local law enforcement officer designated by the Attorney General may—

(1)carry firearms;

(2)execute and serve search warrants, arrest warrants, administrative inspection warrants, subpenas, and summonses issued under the authority of the United States;

(3)make arrests without warrant (A) for any offense against the United States committed in his presence, or (B) for any felony, cognizable under the laws of the United States, if he has probable cause to believe that the person to be arrested has committed or is committing a felony;

(4)make seizures of property pursuant to the provisions of this subchapter; and

(5)perform such other law enforcement duties as the Attorney General may designate.

(b)State and local law enforcement officers performing functions under this section shall not be deemed Federal employees and shall not be subject to provisions of law relating to Federal employees, except that such officers shall be subject to section 3374(c) of title 5.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2010—Subsec. (a). Pub. L. 111–211 inserted “, tribal,” after “State” in introductory provisions. 1986—Pub. L. 99–570 and Pub. L. 99–646 amended section substantially identically designating existing provisions as subsec. (a) and adding subsec. (b), with the exception of the amendment of subsec. (a) for which Pub. L. 99–570 directed the insertion of “or (with respect to offenses under this subchapter or subchapter II of this chapter) any State or local law

Enforcement

officer” and Pub. L. 99–646 directed the insertion of “or any State or local law

Enforcement

officer”, the latter of which was executed to reflect the probable intent of Congress. 1979—Pub. L. 96–132 substituted “Drug

Enforcement

Administration” for “Bureau of Narcotics and Dangerous Drugs”.

§878 Powers of enforcement personnel

Summary

Title 21, §878

Notes & Related Subsidiaries

Editorial Notes

Amendments

Enforcement

Enforcement

Enforcement

Citations & Metadata