Enforcement by State and local officers
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Law
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USC 46
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Shipping
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Security and Drug Enforcement
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PORT SECURITY
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GENERAL
- Enforcement by State and local officers
§70118. Enforcement by State and local officers
(a) In General.-Any State or local government law enforcement officer who has authority to enforce State criminal laws may make an arrest for violation of a security zone regulation prescribed under section 1 1 of title II of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 191) or security or safety zone regulation under section 7(b) 1 of the Ports and Waterways Safety Act (33 U.S.C. 1226(b)) or a safety zone regulation prescribed under section 10(d) of the Deepwater Port Act of 1974 (33 U.S.C. 1509(d)) by a Coast Guard official authorized by law to prescribe such regulations, if-
(1) such violation is a felony; and
(2) the officer has reasonable grounds to believe that the person to be arrested has committed or is committing such violation.
(b) Other Powers not Affected.-The provisions of this section are in addition to any power conferred by law to such officers. This section shall not be construed as a limitation of any power conferred by law to such officers, or any other officer of the United States or any State. This section does not grant to such officers any powers not authorized by the law of the State in which those officers are employed.
(Added
Pub. L. 108–293, title VIII, §801(a), Aug. 9, 2004, 118 Stat. 1078
, §70119; renumbered §70118,
Pub. L. 109–241, title IX, §901(l)(1), July 11, 2006, 120 Stat. 565
;
Pub. L. 109–304, §15(33)(A), Oct. 6, 2006, 120 Stat. 1705
;
Pub. L. 110–181, div. C, title XXXV, §3529(c)(1), Jan. 28, 2008, 122 Stat. 603
.)
References in Text
Section 1 of title II of the Act of June 15, 1917, referred to in subsec. (a), which was classified to section 191 of Title 50, War and National Defense, was redesignated and transferred to section 70051 of this title by
Pub. L. 115–282, title IV, §407(b)(1), (5), Dec. 4, 2018, 132 Stat. 4267
.
Section 7(b) of the Ports and Waterways Safety Act, referred to in subsec. (a), which was classified to section 1226(b) of Title 33, Navigation and Navigable Waters, was redesignated and transferred to sections 70102a(b) and 70116(b) of this title by
Pub. L. 115–282, title IV, §§402(b)(1), 408(a), Dec. 4, 2018, 132 Stat. 4264
, 4268.
Prior Provisions
A prior section 70118 was renumbered section 70117 of this title and subsequently repealed.
Another prior section 70118 was renumbered section 70121 of this title.
Amendments
2008-Pub. L. 110–181 repealed Pub. L. 109–304, §15(33)(A). See 2006 Amendment note below.
2006-Pub. L. 109–304, §15(33)(A), which directed renumbering identical to that made by Pub. L. 109–241, was repealed by Pub. L. 110–181. See Amendment note and Construction of 2006 Amendment note below.
Pub. L. 109–241 renumbered section 70119 of this title, as added by Pub. L. 108–293, §801(a), as this section.
Construction of 2006 Amendment
Provisions of Pub. L. 109–304 repealed by section 3529(c)(1) of Pub. L. 110–181 to be treated as if never enacted, see section 3529(c)(2) of Pub. L. 110–181, set out as a note under section 9504 of Title 26, Internal Revenue Code.
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