18 U.S.C. § 3050: Bureau of Prisons employees’…

Summary

Bureau of Prisons officers and employees may arrest people without a warrant in certain situations. They may arrest anywhere for violations of 18 U.S.C. 111, 751, 752 and 28 U.S.C. 1826(c). They may arrest on Bureau prison grounds for violations of 18 U.S.C. 661, 1361, 1363, 1791, 1792, and 1793. They may also arrest on prison grounds for any other offense in title 18 or 21 if needed to protect security or property. They may only do these warrantless arrests if they have reasonable grounds to think the person is guilty and believe the person might escape before a warrant can be got. A prisoner who is a fugitive must be returned to custody. Officers and employees may carry firearms under rules set by the Attorney General.

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;

if such officer or employee has reasonable grounds to believe that the arrested person is guilty of such offense, and if there is likelihood of such person’s escaping before an arrest warrant can be obtained. If the arrested person is a fugitive from custody, such prisoner shall be returned to custody. Officers and employees of the said Bureau of Prisons may carry firearms under such rules and regulations as the Attorney General may prescribe.

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