Page:United States Statutes at Large Volume 108 Part 2.djvu/337

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PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1053 (B) order a person to file written reports or answers to specific questions, including reports or answers under oath; and (C) conduct hearings, administer oaths, take testimony, and require (by subpena or otherwise) the appearance and testimony of witnesses and the production of records the Secretary considers advisable. (2) A witness summoned under this subsection is entitled to the same fee and mileage the witness would have been paid in a court of the United States. (3) A civil action to enforce a subpena or order of the Secretary under this subsection may be brought in the United States district court for the judicial district in which the proceeding by the Secretary was conducted. The court may punish a failure to obey an order of the court to comply with the subpena or order of the Secretary as a contempt of court. (f) PROHIBITIONS.—^A person may not fail to keep records, refuse access to or copying of records, fail to make reports or provide information, fail to allow entry or inspection, or fail to permit impoundment, as required under this section. § 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— (A) establishes probable cause to issue the warrant; and (B) is sworn to before the judge or magistrate by an officer or employee who knows the facts alleged in the affidavit. (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; (D) direct that the warrant be served during the hours specified in the warrant; and (E) name the judge or magistrate with whom proof of service is to be filed. (4) A warrant under this section is not required when—