§510 — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

The U.S. government can take and keep electronic, radio, or similar devices that were made, sold, advertised, carried, or used on purpose to break certain federal radio rules (sections 301 or 302a or the rules the Commission makes under them). The U.S. Attorney General can seize such property through a federal court using special admiralty procedures, but may also take it without that court process if the taking happens during a lawful arrest or search. The same laws and procedures that apply to customs seizures apply here, including how the items are handled, sold, or how penalties may be reduced or settled. The Attorney General may give forfeited items to the Commission or sell items that are not dangerous, and the money from any sale goes into the U.S. Treasury’s general fund.

Title 47, §510

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)Any electronic, electromagnetic, radio frequency, or similar device, or component thereof, used, sent, carried, manufactured, assembled, possessed, offered for sale, sold, or advertised with willful and knowing intent to violate section 301 or 302a of this title, or rules prescribed by the Commission under such sections, may be seized and forfeited to the United States.

(b)Any property subject to forfeiture to the United States under this section may be seized by the Attorney General of the United States upon process issued pursuant to the supplemental rules for certain admiralty and maritime claims by any district court of the United States having jurisdiction over the property, except that seizure without such process may be made if the seizure is incident to a lawful arrest or search.

(c)All provisions of law relating to—

(1)the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws;

(2)the disposition of such property or the proceeds from the sale thereof;

(3)the remission or mitigation of such forfeitures; and

(4)the compromise of claims with respect to such forfeitures;

(d)Whenever property is forfeited under this section, the Attorney General of the United States may forward it to the Commission or sell any forfeited property which is not harmful to the public. The proceeds from any such sale shall be deposited in the general fund of the Treasury of the United States.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The supplemental rules for certain admiralty and maritime claims, referred to in subsec. (b), were renamed the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions and are set out as part of the Federal Rules of Civil Procedure in the Appendix to Title 28, Judiciary and Judicial Procedure.

Prior Provisions

A prior section 510, act

June 19, 1934, ch. 652, title V, § 510, as added

May 11, 1962, Pub. L. 87–448, § 1, 76 Stat. 68, related to forfeitures for violations of

Rules and Regulations

by radio stations operating in common carrier, safety and special radio fields, prior to repeal effective the thirtieth day after Feb. 21, 1978, by Pub. L. 95–234, §§ 4, 7, Feb. 21, 1978, 92 Stat. 35.

§510 Forfeiture of Communications Devices