What is the Admiralty Law relating to search and seizure?

Admiralty law relates to the search and seizure of vessels that were used in the commission of maritime-related crimes. In Delaware, the United States District Court for Delaware administers the federal admiralty laws of the United States. Admiralty law provides for an extensive set of procedures, standards, and regulations to govern the search and seizure of vessels and maritime-related property. The search-and-seizure process begins with either a search warrant, or exigent circumstances that give rise to a reasonable suspicion that a crime has been committed. If a search warrant is obtained, it must specify the items to be searched and seized. When conducting a search and seizure of a vessel, the officer performing the search must have a “minimally intrusive” plan that is designed to minimize any impact to the vessel and its operation. In addition, the officer must be mindful of all applicable shipping regulations, and must ensure that the vessel will not be damaged during the search. Once the search and seizure is complete, the vessel must be returned to its owners in the same condition it was found. However, any seized items must then be entered into official custody and held until the court rules on any related charges or litigation.

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What is the Admiralty Law relating to search and seizure?

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