Rule 42 Warrants and Criminal Procedure
Excerpts
Discussed in Heads Up #181 and the Cuban Elian Case
8 U.S.C. Sec. 3109. Breaking doors or windows for entry or exit
The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute a search warrant, if, after notice of his authority and purpose, he is refused admittance or when necessary to liberate himself or a person aiding him in the execution of the warrant.
18 U.S.C. Sec. 2234. Authority exceeded in executing warrant
Whoever, in executing a search warrant, willfully exceeds his authority or exercises it with unnecessary severity, shall be fined under this title or imprisoned not more than one year.
FEDERAL RULES OF CRIMINAL PROCEDURE
http://www.gamb.uscourts.gov/fedr/frcr1jjk.htm or
http://www.dcd.uscourts.gov/frcrp.htm
FEDERAL RULES OF CRIMINAL PROCEDURE
Rule 41. Search and Seizure.
http://www.gamb.uscourts.gov/fedr/frcr9x82.htm
The officer taking property under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken.
18 USC 242: “Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, . . . shall be fined under this title or imprisoned not more than one year, or both."
42 U.S.C. 1983: “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. . .”
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