42 U.S.C. § 1989: United States magistrate…

Summary

District courts in the States and Territories must add more U.S. magistrate judges when needed so people charged with certain crimes can be arrested and brought before a judge quickly. Those magistrate judges must use the same powers and duties for those crimes that they use for other federal crimes. A magistrate judge may appoint one or more people in their county, in writing, to carry out warrants and other court orders. Those appointees can call on bystanders, a county posse, parts of the U.S. land or naval forces, or the militia to help, and the warrants can be served anywhere in the State or Territory where they were issued.

Title 42, §1989

The Public Health and Welfare, Source: USLM XML via OLRC

The district courts of the United States and the district courts of the Territories, from time to time, shall increase the number of United States magistrate judges, so as to afford a speedy and convenient means for the arrest and examination of persons charged with the crimes referred to in section 1987 of this title; and such magistrate judges are authorized and required to exercise all the powers and duties conferred on them herein with regard to such offenses in like manner as they are authorized by law to exercise with regard to other offenses against the laws of the United States. Said magistrate judges are empowered, within their respective counties, to appoint, in writing, under their hands, one or more suitable persons, from time to time, who shall execute all such warrants or other process as the magistrate judges may issue in the lawful performance of their duties, and the persons so appointed shall have authority to summon and call to their aid the bystanders or posse comitatus of the proper county, or such portion of the land or naval forces of the United States, or of the militia, as may be necessary to the performance of the duty with which they are charged; and such warrants shall run and be executed anywhere in the State or Territory within which they are issued.

Notes & Related Subsidiaries

Editorial Notes

Codification R.S. §§ 1983 and 1984 derived from acts Apr. 9, 1866, ch. 31, §§ 4, 5, 14 Stat. 28; May 31, 1870, ch. 114, §§ 9, 10, 16 Stat. 142. Section was formerly classified to section 50 of Title 8, Aliens and Nationality.

Statutory Notes and Related Subsidiaries

Change of Name

“United States magistrate judges” and “magistrate judges” substituted in text for “magistrates” wherever appearing pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, “magistrates” substituted for “commissioners” pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. “District courts” substituted for “circuit courts” on authority of act Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167.

§1989 United States Magistrate Judges; Appointment of Persons to Execute Warrants