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§ 95. —  Special agents of the Coast Guard Investigative Service law enforcement authority.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 14USC95]

 
                          TITLE 14--COAST GUARD
 
                       PART I--REGULAR COAST GUARD
 
                     CHAPTER 5--FUNCTIONS AND POWERS
 
Sec. 95. Special agents of the Coast Guard Investigative Service 
        law enforcement authority
        
    (a)(1) A special agent of the Coast Guard Investigative Service 
designated under subsection (b) has the following authority:
        (A) To carry firearms.
        (B) To execute and serve any warrant or other process issued 
    under the authority of the United States.
        (C) To make arrests without warrant for--
            (i) any offense against the United States committed in the 
        agent's presence; or
            (ii) any felony cognizable under the laws of the United 
        States if the agent has probable cause to believe that the 
        person to be arrested has committed or is committing the felony.

    (2) The authorities provided in paragraph (1) shall be exercised 
only in the enforcement of statutes for which the Coast Guard has law 
enforcement authority, or in exigent circumstances.
    (b) The Commandant may designate to have the authority provided 
under subsection (a) any special agent of the Coast Guard Investigative 
Service whose duties include conducting, supervising, or coordinating 
investigation of criminal activity in programs and operations of the 
United States Coast Guard.
    (c) The authority provided under subsection (a) shall be exercised 
in accordance with guidelines prescribed by the Commandant and approved 
by the Attorney General and any other applicable guidelines prescribed 
by the Secretary of Homeland Security or the Attorney General.

(Added Pub. L. 100-448, Sec. 10(a), Sept. 28, 1988, 102 Stat. 1842; 
amended Pub. L. 105-383, title II, Sec. 205(a), Nov. 13, 1998, 112 Stat. 
3415; Pub. L. 107-296, title XVII, Sec. 1704(a), Nov. 25, 2002, 116 
Stat. 2314.)


                               Amendments

    2002--Subsec. (c). Pub. L. 107-296 substituted ``of Homeland 
Security'' for ``of Transportation''.
    1998--Pub. L. 105-383 substituted ``Special agents of the Coast 
Guard Investigative Service law enforcement authority'' for ``Civilian 
agents authorized to carry firearms'' as section catchline and amended 
text generally. Prior to amendment, text read as follows: ``Under 
regulations prescribed by the Secretary with the approval of the 
Attorney General, civilian special agents of the Coast Guard may carry 
firearms or other appropriate weapons while assigned to official 
investigative or law enforcement duties.''


                    Effective Date of 2002 Amendment

    Amendment by Pub. L. 107-296 effective on the date of transfer of 
the Coast Guard to the Department of Homeland Security, see section 
1704(g) of Pub. L. 107-296, set out as a note under section 101 of Title 
10, Armed Forces.



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