§ 32707. Administrative warrants
(a)
Definition.—
In this section, “probable cause” means a valid public interest in the effective enforcement of this chapter or a regulation prescribed under this chapter sufficient to justify the inspection or impoundment in the circumstances stated in an application for a warrant under this section.
(b)
Warrant Requirement and Issuance.—
(1)
Except as provided in paragraph (4) of this subsection, an inspection or impoundment under section
32706 of this title may be carried out only after a warrant is obtained.
(2)
A judge of a court of the United States or a State court of record or a United States magistrate may issue a warrant for an inspection or impoundment under section
32706 of this title within the territorial jurisdiction of the court or magistrate. The warrant must be based on an affidavit that—
(3)
The judge or magistrate shall issue the warrant when the judge or magistrate decides there is a reasonable basis for believing that probable cause exists to issue the warrant. The warrant must—
(A)
identify the premises, property, or motor vehicle to be inspected and the items or type of property to be impounded;
(B)
state the purpose of the inspection, the basis for issuing the warrant, and the name of the affiant;
(C)
direct an individual authorized under section
32706 of this title to inspect the premises, property, or vehicle for the purpose stated in the warrant and, when appropriate, to impound the property specified in the warrant;
(c)
Service and Impoundment of Property.—
(1)
A warrant issued under this section must be served and proof of service filed not later than 10 days after its issuance date. The judge or magistrate may allow additional time in the warrant if the Secretary of Transportation demonstrates a need for additional time. Proof of service must be filed promptly with a written inventory of the property impounded under the warrant. The inventory shall be made in the presence of the individual serving the warrant and the individual from whose possession or premises the property was impounded, or if that individual is not present, a credible individual except the individual making the inventory. The individual serving the warrant shall verify the inventory. On request, the judge or magistrate shall send a copy of the inventory to the individual from whose possession or premises the property was impounded and to the applicant for the warrant.