§ 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.