Page 632 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3116
(June 25, 1948, ch. 645, 62 Stat. 820.)
§ 3116. Records of examining magistrate judge;
return to clerk of court—(Rule)
S
EE
F
EDERAL
R
ULES OF
C
RIMINAL
P
ROCEDURE
Magistrate judges and clerks of court to keep records
as prescribed by Director of the Administrative Office
of the United States Courts, Rule 55.
Return or filing of records with clerk, Rule 41(f).
(June 25, 1948, ch. 645, 62 Stat. 821; Pub. L. 90–578,
title III, § 301(a)(4), Oct. 17, 1968, 82 Stat. 1115;
Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104
Stat. 5117.)
H
ISTORICAL AND
R
EVISION
N
OTES
Section 627 of title 18, U.S.C., 1940 ed., relating to the
filing of search warrants and companion papers, was
omitted as unnecessary in view of Rule 41(f) of the Fed-
eral Rules of Criminal Procedure.
R
EFERENCES IN
T
EXT
Rule 41(f), referred to in text, was redesignated 41(g)
by 1972 amendment eff. Oct. 1, 1972.
A
MENDMENTS
1968—Pub. L. 90–578 substituted ‘‘Magistrates’’ for
‘‘Commissioners’’.
C
HANGE OF
N
AME
Words ‘‘magistrate judge’’ substituted for ‘‘mag-
istrate’’ in section catchline and ‘‘Magistrate judges’’
substituted for ‘‘Magistrates’’ in text pursuant to sec-
tion 321 of Pub. L. 101–650, set out as a note under sec-
tion 631 of Title 28, Judiciary and Judicial Procedure.
E
FFECTIVE
D
ATE OF
1968 A
MENDMENT
Amendment by Pub. L. 90–578 effective Oct. 17, 1968,
except when a later effective date is applicable, which
is the earlier of date when implementation of amend-
ment by appointment of magistrates [now United
States magistrate judges] and assumption of office
takes place or third anniversary of enactment of Pub.
L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L.
90–578, set out as a note under section 631 of Title 28,
Judiciary and Judicial Procedure.
§ 3117. Mobile tracking devices
(a) I
N
G
ENERAL
.—If a court is empowered to
issue a warrant or other order for the installa-
tion of a mobile tracking device, such order may
authorize the use of that device within the juris-
diction of the court, and outside that jurisdic-
tion if the device is installed in that jurisdic-
tion.
(b) D
EFINITION
.—As used in this section, the
term ‘‘tracking device’’ means an electronic or
mechanical device which permits the tracking
of the movement of a person or object.
(Added Pub. L. 99–508, title I, § 108(a), Oct. 21,
1986, 100 Stat. 1858.)
C
ODIFICATION
Another section 3117 was renumbered section 3118 of
this title.
E
FFECTIVE
D
ATE
Section effective 90 days after Oct. 21, 1986, and, in
case of conduct pursuant to court order or extension,
applicable only with respect to court orders and exten-
sions made after such date, with special rule for State
authorizations of interceptions, see section 111 of Pub.
L. 99–508, set out as an Effective Date of 1986 Amend-
ment note under section 2510 of this title.
§ 3118. Implied consent for certain tests
(a) C
ONSENT
.—Whoever operates a motor vehi-
cle in the special maritime and territorial juris-
diction of the United States consents thereby to
a chemical test or tests of such person’s blood,
breath, or urine, if arrested for any offense aris-
ing from such person’s driving while under the
influence of a drug or alcohol in such jurisdic-
tion. The test or tests shall be administered
upon the request of a police officer having rea-
sonable grounds to believe the person arrested
to have been driving a motor vehicle upon the
special maritime and territorial jurisdiction of
the United States while under the influence of
drugs or alcohol in violation of the laws of a
State, territory, possession, or district.
(b) E
FFECT OF
R
EFUSAL
.—Whoever, having con-
sented to a test or tests by reason of subsection
(a), refuses to submit to such a test or tests,
after having first been advised of the conse-
quences of such a refusal, shall be denied the
privilege of operating a motor vehicle upon the
special maritime and territorial jurisdiction of
the United States during the period of a year
commencing on the date of arrest upon which
such test or tests was refused, and such refusal
may be admitted into evidence in any case aris-
ing from such person’s driving while under the
influence of a drug or alcohol in such jurisdic-
tion. Any person who operates a motor vehicle
in the special maritime and territorial jurisdic-
tion of the United States after having been de-
nied such privilege under this subsection shall
be treated for the purposes of any civil or crimi-
nal proceedings arising out of such operation as
operating such vehicle without a license to do
so.
(Added Pub. L. 100–690, title VI, § 6477(b)(1), Nov.
18, 1988, 102 Stat. 4381, § 3117; renumbered § 3118,
Pub. L. 101–647, title XXXV, § 3574, Nov. 29, 1990,
104 Stat. 4929.)
A
MENDMENTS
1990—Pub. L. 101–647 renumbered second section 3117
of this title as this section.
CHAPTER 206—PEN REGISTERS AND TRAP
AND TRACE DEVICES
Sec.
3121. General prohibition on pen register and trap
and trace device use; exception.
3122. Application for an order for a pen register or
a trap and trace device.
3123. Issuance of an order for a pen register or a
trap and trace device.
3124. Assistance in installation and use of a pen
register or a trap and trace device.
3125. Emergency pen register and trap and trace
device installation.
3126. Reports concerning pen registers and trap and
trace devices.
3127. Definitions for chapter.
A
MENDMENTS
1988—Pub. L. 100–690, title VII, §§ 7068, 7092(c), Nov. 18,
1988, 102 Stat. 4405, 4411, substituted ‘‘trap and trace’’
for ‘‘trap or trace’’ in item 3123, added item 3125, and
redesignated former items 3125 and 3126 as 3126 and 3127,
respectively.
§ 3121. General prohibition on pen register and
trap and trace device use; exception
(a) I
N
G
ENERAL
.—Except as provided in this
section, no person may install or use a pen reg-
