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kennedy
conclusion
textual
context
includes
location
phrase
within
provision
otherwise
exclusively
concerns
customs
revenue
duties
nontextual
context
includes
several
features
taken
together
indicate
congress
intended
narrow
exception
related
customs
excise
first
drafting
history
shows
relevant
portion
bill
became
federal
tort
claims
act
concerned
customs
excise
initially
relevant
provision
bill
exempted
claims
arising
respect
assessment
collection
tax
customs
duty
see
special
assistant
attorney
general
alexander
holtzoff
wrote
additional
draft
language
namely
detention
goods
merchandise
officer
customs
excise
law
enforcement
officer
report
proposed
federal
tort
claims
bill
emphasis
added
holtzoff
report
congressional
agency
said
expanded
language
sought
include
immunity
liability
respect
loss
connection
detention
goods
merchandise
officer
customs
excise
holtzoff
explained
language
suggested
similar
british
bill
mentioned
customs
excise
officials
ibid
referring
bill
proposed
crown
proceedings
committee
report
pp
apr
cmd
proceedings
shall
lie
section
respect
loss
deterioration
damage
occasioned
delay
release
goods
merchandise
reason
anything
done
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officer
customs
excise
acting
see
kosak
ideas
expressed
holtzoff
report
given
great
weight
determining
intent
legislature
least
circumstances
seems
us
senseless
ignore
entirely
views
provision
draftsman
members
congress
repeatedly
referred
exception
encompassing
claims
involving
customs
excise
functions
see
second
insofar
congress
sought
act
exceptions
preclude
tort
suits
government
adequate
remedies
already
available
kosak
supra
see
supra
supra
setting
forth
purpose
limited
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makes
sense
broad
exception
statutes
already
provided
recovery
plaintiffs
harmed
federal
officers
enforcing
customs
tax
laws
plaintiffs
harmed
federal
officers
enforcing
laws
see
bazuaye
cadc
detailing
history
third
practical
difference
limited
broad
interpretation
considerable
magnifying
importance
congressional
silence
justice
kennedy
points
see
ante
limited
interpretation
phrase
law
enforcement
officer
likely
encompass
law
enforcement
officers
working
say
borders
helping
enforce
customs
excise
laws
majority
instead
interprets
provision
include
tens
thousands
officers
performing
unrelated
tasks
justice
department
estimates
law
enforcement
officers
including
members
armed
services
see
dept
justice
bureau
justice
statistics
bulletin
federal
law
enforcement
officers
july
although
law
history
contains
much
indicates
provision
scope
limited
customs
excise
contains
nothing
suggesting
intent
apply
provision
broadly
indeed
multiply
number
officers
applies
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one
orders
magnitude
thus
latin
canons
ejusdem
generis
noscitur
sociis
shed
light
application
statutory
phrase
justice
scalia
pertinent
easily
remembered
observation
congress
hide
elephants
mouseholes
whitman
american
trucking
reasons
dissent
join
justice
kennedy
dissent
footnotes
eleventh
circuit
joined
five
courts
appeals
construing
encompass
law
enforcement
officers
see
bramwell
bureau
prisons
chapa
dept
justice
per
curiam
hatten
white
cheney
per
curiam
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rivkind
ca
fed
five
courts
appeals
reached
contrary
conclusion
interpreting
clause
limited
officers
performing
customs
excise
functions
see
abc
def
dahler
per
curiam
andrews
bazuaye
cadc
kurinsky
assume
without
deciding
bop
officers
detained
ali
property
thus
satisfy
arising
respect
detention
requirement
appeals
held
detention
clause
satisfied
petitioner
expressly
declined
raise
issue
certiorari
see
fed
appx
per
curiam
brief
petitioner
consider
question
first
time
case
petitioner
argues
concluded
kosak
phrase
law
enforcement
officer
ambiguous
reply
brief
petitioner
case
construed
portion
clause
issue
decision
bearing
meaning
law
enforcement
officer
holding
detention
encompasses
claims
resulting
negligent
handling
storage
indeed
expressly
declined
reach
issue
occasion
case
decide
kinds
officer
customs
officials
covered
exception
alteration
original
petitioner
reliance
concluding
phrase
ambiguous
reads
much
reservation
question
course
circumstances
may
counteract
effect
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modifiers
example
construed
phrase
narrowly
included
term
art
compelled
result
see
circuit
city
stores
adams
construing
class
workers
engaged
commerce
narrowly
based
previous
interpretation
commerce
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art
narrower
meaning
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construed
phrases
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another
term
provision
made
sense
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reading
see
limiting
officer
federal
officers
statute
reference
delay
made
sense
respect
federal
officers
broad
reading
implicated
sovereignty
concerns
see
raygor
regents
univ
applying
clear
statement
rule
applicable
waivers
sovereign
immunity
construe
phrase
civil
actions
exclude
category
claims
even
though
nothing
statute
expressly
exclude
none
circumstances
motivated
decisions
cases
present
justice
kennedy
dissent
hereinafter
dissent
argues
border
searches
customs
excise
officers
routinely
enforce
civil
forfeiture
laws
unrelated
customs
excise
post
examples
dissent
provides
support
assertion
dissent
maintains
customs
officer
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material
defined
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one
example
post
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officer
authority
effect
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contraband
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specific
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law
see
similarly
dissent
suggests
dea
agent
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customs
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seizes
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traditional
revenue
capacity
post
argument
based
assumption
officer
assists
conducting
border
search
acts
customs
capacity
even
customs
officer
enforcing
customs
law
assumption
far
underscores
difficulty
attend
attempt
define
contours
implied
limitation
reach
proposed
petitioner
embraced
dissent
acting
customs
excise
capacity
concept
included
limitation
statute
language
congress
course
provide
definition
finally
dissent
points
customs
excise
officer
might
effect
forfeiture
currency
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instruments
post
hardly
civil
forfeiture
law
unrelated
customs
excise
see
authorizing
forfeiture
property
involved
violation
inter
alia
sets
forth
reporting
requirements
exporting
importing
monetary
instruments
example
law
enforcement
officer
acting
excise
customs
capacity
petitioner
cites
formula
one
motors
holding
seizure
vehicle
still
transit
overseas
drug
enforcement
administration
dea
agents
searched
drugs
sufficiently
akin
functions
carried
customs
officials
place
agents
conduct
within
scope
section
clear
agents
case
acting
excise
customs
capacity
rather
ordinary
capacity
law
enforcement
agents
seems
us
dea
agents
searching
car
drugs
acting
capacity
officers
charged
enforcing
nation
drug
laws
customs
excise
laws
similarly
dissent
notes
authorizes
coast
guard
officers
enforce
customs
laws
post
next
subsection
provides
coast
guard
officers
effectively
customs
officers
enforce
customs
laws
see
providing
coast
guard
officers
insofar
engaged
pursuant
authority
contained
section
enforcing
law
shall
deemed
acting
agents
particular
executive
department
charged
administration
particular
law
result
coast
guard
officer
enforcing
customs
law
customs
officer
law
enforcement
officer
congress
note
provide
administrative
remedy
lost
property
claimants
like
petitioner
federal
agencies
authority
settle
certain
claim
damage
loss
privately
owned
property
caused
negligence
officer
employee
government
acting
within
scope
employment
bop
settled
claims
last
three
years
brief
respondents