Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
SPECIAL AGENTS
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08/20/03 Table58
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of Contents
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SECTION O
PROBABLECAUSE
DELETED
REVIEW APPROVAL COMPLAINTS AFFIDAVITS AND OF AND PREPARATION GUIDELINES PROBABLE STATEMENT FOR CAUSE
AFFIDAVITS ANDCOMPLAINTS
SECTION 2
-1 3-12 3-13
3-14 3-15
3-16
CAL , ATTENTION ARRESTEES MIOG Part 2, FOR See FOREIGN NATIONALS MIOG,Part II, ll-2.3.3.! See ARRESTS FOREIGN IN COUNTRIES See MIOG,Part II,
MEDI ARMED FORCES PERSONNEL SERVICE OF SUBPOENAS ARREST OF JUVENILESSee MIOG, Part 2, SECTION 4. INVESTIGATIVE DETENTION IN GENERAL DETENTION
APPEARANCE BEFORE MAGISTRATE 7-16 See MANNER See MIOG, Part 2, 11-1.1 ! FORCE OF ENTRY See 5-2.1 and MIOG, Part 2, SEARCH INCIDENTAL TO ARREST
and
LIMITED
1, Sect1on91-9,
EMERGENCY SEARCHESSee Appendix, 4-1.! SEARCH INCIDENTAL ARRESTSee 3-8 and MIOG, Part TO MOTOR VEHICLE EXCEPTION Formerly 5-7 1!
INVENTORY SEARCHES
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WWW ,
I6
5-12 5-13
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SECTION 7
- 1 7-12
7-13 7-14 7-1s 7-19 7-21 7-22 7-23 7-24 7-25 7-26
7-27 7-2s 7-20 7-15 7-16 7-17
INTERVIEWSUBJECT BY OF U.S.
DELETED
ATTORNEY
I,
RECORDING or INTERVIEWS Formerly7-14! See 7-9.3.! INTERVIEW LOGS See MIOG, Part I, 263-5.1 !.!
PREPARATIONSIGNED STATEMNTS MAOP, OF See Part II, RETENTION OF INTERVIEW NOTES MAOP, See Part II, 10-12,
APPEARANCE BEFOREU.S MAGISTRATE
MOVED TO 7-14
IDENTITY OFINTERVIEWING AGENTS MIOG, See Part INTERVIEWS IN FOREIGN COUNTRIES MIOG, See Part
FROM CUSTODY OF U.S
2, II,
REMOVALPRISONER OF
PRESENCE OF STENOGRAPHERS
MARSHAL
REQUEST TO SEE
I9
QUESTIONING ABOUT SIMILAR CRIMES PROTECTING IDENTITY OF INFORMANTS DELETED REQUEST TO USE TELEPHONE ADVICE
7-2 1.!
SECTION B INFORMANTS
LEGAL LIMITATIONS OF INFORMANT S
AND ENTRAPMENT
Section 137.!
IDENTITY
SECTION 9.
CIVIL AND
CRIMINAL LIABILITY
CLAIMS AGAINST THE GOVERNMENT SUITS AGAINST THE EMPLOYEE CRIMINAL LIABILITY _ 1
197 !
DISCLOSURE OF OFFICIAL
FBI INFORMATION
Part 1,
197-4 !
I 2 I3
I 4
CASES LHBSAXO
Table of
Contents
FD 26 FD-395 . FD-404
RIGHTS
CONSENT TO
SEARCH
APPENDIX 2 APPENDIX 3
FD-404 -YOUR
- YOUR RIGHTS
AT A LINEUP
7-3.3.!
AT A LINEUP
APPENDIX 4.
IIwmw"
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4-1
I5
_ 5-1 _ 6. _ 6-1
_ 7
APPENDIX 5
FORFEITURE AND ABANDONED PROPERTY SEE FORFEITURE GOVERNMENT 7 ETHICAL STANDARDSMATTERS FOR THE APPENDIX FOR ATTORNEYS _ 7-1 ETHICAL STANDARDS ATTORNEYS THE FOR FOR GOVERNMENT
_s _ e-1
FEDERAL JUDICIAL
APPENDIX 8 SEARCH WARRANT ORAL UPON TESTIMONY Search Warrant Upon Oral Testimony
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SENSITIVE
Cav: SecCls:
applicable Bureau
general rule.
book, Agent-Investigators
any special rules in
4 for
to
' TI]l[FTT""'"
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11 1|
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SENSITIVE
district. Any
be deemed supplementary to
handbook.
The handbook
will be
revised from
time to
time as
handy size and form, and Special Agents are encouraged to have
*********************************** END
OF REPORT *****************************
SENSITIVE
Page
mm
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SENSITIVE
Cav: SecC1s:
| l! Probable cause isa reasonablebelief basedon available facts and circumstances, thelogical and inferences that can be drawn fromthem. It is determined by totality of the the facts and
enforcement officer.
Cav: SecCls:
hearsay evidence a from trial. Likewise, adefendant's prior criminal recordmay relevantto be the issue of probable cause even though that
trial.
Any relevant, reliable, legally obtained information may be usedto establish probable cause, even though that same information may beexcluded from trial by a rule of evidence. For example, probable cause may be based inwhole or in part on hearsay second
Cav: SecCls:
Fourth Amendmentsupport the issuanceof to warrants to arrest or to search andby statute to obtain a court order to intercept communications.It is also the Fourth Amendment standard for WARRANTLESS ARRESTS, and for CERTAIN WARRANTLESS SEARCHES~-e.g., emergency searches evidence, the vehicle exception, etc.| for
SENSITIVE
required by the
1*
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SENSITIVE
SOCCII2
Cause to Arrest
committed in presence Agents, if the arresting the of or, Agents have **EfDte: probableto cause believe that federalfelony was a committed the by
07/26/1999 MCRT#: Div: D9 Cav: 915
1-3.3 |Probable Cause to Search
SecCls:
available probable cause required tojustify a is search- e.g., crimewarrant, has When search emergency search,the vehicle except1on -the or
crime or
are being
described
been committed, that items sought are connected with that are persons for whose arrest there is probable cause, or who unlawfully restrained!, and that the described items or
place.|
particularly
SecCls:
ISOURCESIOF FACTS
firsthand
perceptions of an ent,
Cav: SecC1s:
1-4.2
SecCls:
...., ..........,
mu 4|
SENSITIVE
SOURCE as RELIABILITY INFORMATION PROVIDED.| as well the OF THE **EffDte: 07/26/1999 HCRT#: 915 D9 Div: Cav: SecC1s:
I1-4.2.1 Credibility of the Source
credibility of individuals who provide information us. to Whether we know the person, how weknow them, what know well and we about them these arecommon factors relyupon injudging credibility. we
that a substantial
i!
independently,
Cav: SecCls:
is unreliable. Thus, assessing the in reliability of the information, it is importantto ascertain the basis of it. In other words, how does the sourceHow know? was theinformation acquired?
to assess its reliability. hearsay. If the Agentsdo not know how the source obtained the
If Agents know how source the obtained the information, it is possible For example,if the source obtainedit firsthand, it is more reliable than it if was obtained through
in the information provided can
In the absence
Cav: SecCls:
|
acquired through firsthand
In addition to information
*" 1lIFTT'"""
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SENSITIVE
that an individual is engaged inillegal distribution of cocaine. Although the information makes reference to no other items of
information. For example, Agents receive may reliable information activity will also possess related itemssuch
evidentiary value, Agents logically the may infer that one who engages
in that kind of criminal
as packagingmaterials, large amounts ofcash, records that would identify names of sources and customers, etc. Such inferences canbe included in the probable cause statement support the issuance a to of search warrant for all of the relevant items named.|
Cav: SecC1l:
SecCls:
obligation to communicate the probable cause underlying the action will arise thereafter. For example,following a warrantless arrest, Rule 5 of the Federal Rulesof Criminal Procedure FED.R.CRIM.P.! magistrate judge without unnecessary delay, and that a Complaint be
requires that the arrestee be taken to the nearest available filed. A Complaint is defined as "a written statement of the essential facts constituting the offense charged." If Agents conduct a warrantless search where probable cause is the legal prerequisite-e.g., the Vehicle Exception--it is most likely that their assessment
the authority to issue the warrant. If Agents make warrantless arrests or conduct warrantless searches requiring probable cause, the
issuance the of
of probable cause will be subsequently challenged by the defendant during a suppression hearing. The important point is that whether probable cause, Agents must be prepared to communicatethe facts
the action taken.|
supporting their determination that probable cause existed to support **EffDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: 1-5.2 {Constitutional SecC1s:
Page 4
w|nm|1Hr"
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1| II.
SENSITIVE
affirmation, and particularly describing the place to be searched, and Court hasheld that the Fourth Amendment implicitlyrequires that a warrant issued by"a neutral, detached magistrate."| be
the persons things to be seized." In addition, the U.S. Supreme or Cav: sggclgg
Cav: 5.1,,
Cav: SecC1a:
the constitutional
Procedure
warrants, the
of Criminal
charged. It shall be made upon oath before a magistrate judge." The Administrative Office of the United States Courts has provided Form
a! The Complaint Rule 3 defines a Complaint as "a written statement of the essential facts constituting the offense
b! Rule
arrest of statute, Title the defendant 18, USC,
Complaint establishes probable cause to believe been committed and that the defendant committed
shall issue Section
execute it. The finding of probable cause maybe based upon hearsay evidence in whole or in part. FBI Agents are authorized by federal
warrants. set forth
Search Warrants
- In
addition to
the constitutional
rules governing the issuance of warrants, the FED.R.CRIH.P. certain requirements for issuance of search warrants.
The Administrative Office of the United States Courts has provided Form A.0. 106 "Application and Affidavit for Search Warrant"! to
facilitate application for search warrants.
a! Application
and Affidavit
shall
issue only
on an affidavit
b! Rule
41, FED.R.CRIM.P.,
sworn before
SENSITIVE
a federal
magistrate judgeand establishing the groundsfor issuing the Printed: 08/20/200306:43:34 Page 5
. ll
SENSITIVE
reasonable dispensewith to a
Cav:
SecCls:
magistrate judge
To communicate relevant information the magistrate the to judge understandable way. Based upon the information provided,the
in an
manner Agents that assess valueand the weight information of by evaluating credibility of the source thereliability of the the and
probable cause determination.
is to ensurethat all of the appropriateis information includedin the probable cause statement. Information known the Agent to but not
in the probable cause determination.
necessaryto support a finding of probablecause, the affidavit should also attribute the facts to their sourcesand indicate the time when the Agent and the sourcesobtained the information. ! Credibility of the Source Informationshouldbe communicated the magistrate to judge which shows that the source
should be believed.
b! Unnamed Source When source not named, the is relevant to the source's credibility.
GoodCitizen/Law EnforcementOfficer -
that is
of a good citizen or
1.
affidavit so that the magistrate judge candrawthe appropriate inferencesregarding source's the credibility.
The
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06:43:34
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SENSITIVE
Manl-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PART 1 established. Consequently, it will be necessary to provide some basis information track
Information from
by a magistrate
judge in
in
! Reliability
Disclosing to the magistrate
in which
of the information.
obtained is
magistrate
disclosed without endangering a confidential source, one or both of the following factors can help to establish the reliability of the
information:
provided by
of the
arrest
a source
kind of
or conviction
can bolster or
criminal
record.
information as
a whole.
supplied by a source,
Corroboration may
recognized that
source, the
the greater
greater is
the inference
The U.S.
Supreme Court
has
by a
is reliable.
! The reliability of
cause. The
inability to
satisfy either
the totality
credibility of
part of
source or
the two-
of information
of probable
is
person evidence are
sufficient to support a reasonable belief that committed a particular crime, or that particular
a particular items of
conclude that
Likewise, if an informant's basis of knowledge is not disclosed, but the information provided is highly detailed, a magistrate judge may
the informant has a reliable basis for the information.
located at a particular place. For example, if an informant's credibility cannot be established directly, the fact that the informant has previously proved to be a credible source can be considered by the magistrate judge in finding probable cause.
of the 06:43:34
most critical
SENSITIVE
_ "TI]|lF'TT"A"
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Inum. . ~1l92|ll|9292
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SENSITIVE
providing sufficient informationa magistrate to judgeto establish probable cause withoutdisclosing identity of a confidential the
source. The following paragraphs illustrate howthis maybe
accomplished:
"OnDecember 15th, 1998, a confidential informantfurnished information to me. This informanthas given me information on six prior occasionswithin the past year which has resulted in the well as property stolen from an interstate shipment. The information has resulted in the arrest of two individuals.
recovery of property stolen from the United States Governmentas
Furtherdetails as to the past information provided this by informant would furnish cluesas to his/her identity. The
and knowledge: Within the past week, the informant has observed
Shorty, believed to be the owner the warehouse, of was also present. Shorty is further described... etc."| **EffDte: 07/26/1999 HCRT#: 915 Div: D9 Cav:
SecCls:
1-6
I1-6.1
Attorney susn!
Division CounselADC!, or
.|
SecCls:
I1-6.2
warrant must obtain prior authority from the USA AUSA or before filing
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SENSITIVE
Hanl-ID:
LHBSAP1 LEGAL
If the USA/AUSA recommends additions, deletions, or other changes any in the probable cause statement, suchchanges shouldbe made before filing with the magistrate judge.|
**EffDte: 07/26/1999 MCRT#: 915 Div: D9 I1-6.3 Final Review Filing and
A copy of every Complaint and Affidavit
Cay:
sc1;;
filed by an Agent is to be obtained for filing as a serial in the case file. Before such documentsare placed in the case file, they are to be reviewedand initialed by the CDC, ADCor FBI Legal Adviser. The
purpose of this review is to enable the field office to maintain
control over the quality of Complaints and Affidavits prepared by Agents. Efforts to obtain warrants, whetheror not successful, should
in the casefile.|
Cav:
SecC1s:
! USESIMPLE, CONCISE LANGUAGE. purpose an The of affidavit is to communicate information to a magistrate judge. Using stilted, archaic languageis detrimental to that purpose. ! AVOID POLICE JARGON. Words and phrasespeculiar to the law enforcement profession maynot be clearly understood a by
magistrate judge.
important
An
affidavit is
report.
is not an investigative
! WHEN,WHO,FROM NHOM, HOW,ANDWHAT. For each source of information, the affidavit should indicate whenever possible WHEN
informationwas received, WHO received or acquired it, FROM WHOM if hearsay! it was received, HOW sourceacquired it, and WHAT the the
information is. It is recognized that this
SENSITIVE
formula will
not fit
all
Page
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SENSITIVE
omitted. I
those facts. For example,
is to
statements as:
**EfDte:
SecC1s:
1~8
|DELETED| I
07/26/1999 HCRT#: 915 Div: D9 Cav:
SENSITIVE
**EffDte:
SecCls:
10
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9292In92|m>l|l492 Ml n 92lI.
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SENSITIVE
Manl-ID: LHBSAP1
LEGAL HANDBOOK FOR SPECIAL AGENTS PART1 SECTION 2. AFFIDAVITS AND COMPLAINTS
SecC1s:
in former
while provisions relating to the drafting of search warrants and arrest warrants were moved to sections addressing search and seizure. Furthermore, the text of those provisions was reworded in order to
eliminate
redundant sections.|
07/26/1999
**EffDtet
MCRT#: 915
Div:
D9
Cav:
SecC1s:
2-2
|DELETED|
07/26/1999
**EfDte:
HCRT#: 915
Div:
D9
Cav:
SecC1s:
2-2.1
|De1eted|
O7/26/1999 HCRT#: 915 Div:
D9 Cav: SecC1s:
**EffDte:
2-2.2
|De1eted|
07/Z6/1999 HCRT#: 915 Div:
D9 Cav: SecC1s:
**EfDte:
2-3
92DELETED|
07/26/1999 HCRT#: 915 Div:
D9 Cavt SecC1s:
**EffDte:
Z-3.1
|De1eted|
O7/26/1999
**EfDte:
ncnr#= 915
Div:
D9
Cav:
SecC1s:
2*3.2
|De1eted|
07/Z6/1999
**EffDte:
ncnr#: 915
Div:
D9
Cav:
SecC1s:
2-3.3
[De1eted[
O7/26/1999
**EffDte:
2-3.0
D9
Cav:
SecC1s:
]De1eted|
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**EffDte:
:D9
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2-3.5
[Deleted]
07/26/1999
**EfDte:
:D9
Cav: SecC1s:
2-3.6
|De1eted|
07/26/1999
**EffDte:
HCRT#: 915
Div: D9
Cav: SecC1s:
2~4
IDELETEDI
07/26/1999 ncnr#= 915
Div: D9
**EffDte:
Cav: SocC1a:
2-5
[DELETED]
07/26/1999
**EffDte:
:D9
Cav: SecC1|:
2-6
**EffDte:
2-7
lnnnnrsnl
07/26/1999
l
:D9 Cav: SocCls:
**EfDte:
HCRT#: 915
Z-7.1
lDelet0d|
07/26/1999
**EffDte:
HCRT#: 915
:D9
Cav: SecC1s:
2-7.2
|De1eted|
07/Z6/1999
**EfDte:
HCRT#: 915
Div: D9
Cav: SecC1|:
2-7.3
|De1etod|
07/Z6/1999
**EffDtn:
HCRT#: 915
:D9
Cav: SecC1s:
2-7.4
|De1otod|
07/26/1999 MCRT#: 915
:D9
**EffDte:
2"7.5
Cav: SocC1a:
lbeletedl
SENSITIVE
* *
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Man1 ID:
LHBSAP1 LEGAL
**EffDte:
O7/26/1999
HCRT#: 915
Div: D9
Cav:
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2-8
|DELETED|
Cav: SecC1s:
Pr1ntOd: oa/20/ioos06:43:34
155;.
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SENSITIVE
D9
Cav:
SecCls:
if. based either the complaint an affidavit or affidavits filed on or with the complaint, there is probable causeto believe that an offense
! Complaints: When federal prosecution initiated a is by a complaint, Rule4. FED.R.CRIM.P., providesthat jurisdiction over
either a warrant or a summons. The issue for the arrest of the defendant The
same showing.A complaint definedin Rule 3, FED.R.CRIH.P., "a is as written statement the essentialfacts constitutingthe offense of charged. must under It be oath andbefore a magistrate." Thus,
federal law requires that probable causefor an arrest warrant be
presented in documentary form under oath.
! Who Hay Issue an Arrest Warrant: Title 18, USC, Section3041, confers power issuearrest warrantsfor any the to offenseagainstthe UnitedStatesupon any justice or judgeof the UnitedStates, or anyU.S. magistrate. In addition, any chancellor, judgeof a supreme court, chief or first judge of common pleas, mayor of a city, justice of the peace other magistrate,of any state or
to the court of the
the requirementis that the issuing authority be neutral and detached and that he/she has the capability of deciding probable cause.
placewhere offenderis found. Whilefederal law makes the provisions for a large class of magistrates issuearrest warrants,the subject to ! Description the Person be Arrested: Rule 4 c! of to FED.R.CRIH.P., states that an arrest warrantshall containthe
application for sucha warrant will be madein the district where the offense wascommitted that is not mandatory. Thusan arrest but warrant maybe issued any of the designatedmagistrates in the by
Jurisdiction:
the
!,
offender, and that maydo no morethan provide a distinguishing physical description tell the particular circumstances which or in
SENSITIVE
accused's truename. It
description by which he/she can be identified with reasonable certainty. The rule does not require the determination of the
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SENSITIVE
Manl-ID:
he/she will
befound.|
D9 Cav: SecCls:
An Agentwhoeither voluntarily or negligently permits the escapeof a prisoner in Agent's by virtue of processissued custody under the laws of the United States by any court, judge, or magistrate, is guilty of a Federal criminal violation Title 18, USC,
Section 755!.
Div: D9
Cav:
SecC1s:
Div: D9
Cav:
SecCls:
Wherever possible, prosecutionshould authorized the be by USA, and a warrant issued prior to an arrest. In addition, a search
warrant is to be obtained before entry to third purpose of arrest, in the absence of consent or party premises for the exigent circumstances.
In be SACs may authorize Agents to execute arrest warrants. extraordinary circumstances, prior FBIHQ authorization should
arrestee,
arrest.
Div: D9
Cav:
SecCls:
time limit
warrants should be
unlike search warrants!, as a general rule, the arrest madewithout prolonged delay.
Div: n9
Cav:
s=c1s:
"
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SENSITIVE
warrants
law
enforcement agencies. Special concern should be given instances where it may logically be anticipated
by FBI of local
authorities
to the
be forthcoming from the subject s! or members ofcommunity. the Although thetime of notification to local authorities concerning discretion of the SACs, concern must given to the sensitivity of be
people of
that resistance
in
could
jurisdiction
Agents is left
to the
in their
in possession at the time of arrest,[Agent[shall then defendant of the offense charged and of the fact that
will permit
the Agent does not have the warrant and the successful arrest
show the
possession at
warrant to the
the
subject will in no way be jeopardized, the arresting Agent should have the warrant of arrest in possession in order that the same may be
the subject upon request.
Div: D9
Cav: SecCls:
authorization of
Div: D9
Cav: SecCls:
WITHOUT WARRANT
Div: D9
Cav: SecCls:
SENSITIVE
I Page
SENSITIVE
PART 1
crimes not committed in the presence of Agents, if they have probable should be limited to
of a
fe1ony|arrests|extends to i
Cav: SecCls:
increase for or| See LHBSA,I the potential escape. danger 3-4.3, for
HCRT#: 583 Div: D9 3-4.2 Notification to U.S. Attorney
Where
a warrantless
arrest
has
be contacted immediately
for
authorization
**EffDte:
05/28/1980 HCRT#: 0
Div: D9
Cav:
SecCls:
3-4.3
! As a general rule, arrests for state crimes shouldbe madeby an Agentwherea serious offense felony or violent
misdemeanor!has been committed in his or her presence and the
immediate intervention and assistance of that Agent are necessary to
prevent escape, serious bodily injury, or destruction of property. ! Agentsare also encouraged arrest personwhois to a the subject of an FBI inquiry that has beeninitiated in accordance
with the Attorney General guidelines whena state or local arrest
enforcement officers who request assistance in the apprehension of a nonfederal fugitive encountered during the course of a federal investigation should provide the requested assistance when reasonable
under the circumstances.
warrant for that person is known be outstanding to and the person is encountered during an investigation andwouldotherwiseescape. Similarly, an FBI Agentworkingin concertwith state or local law
! intervention
Page 4
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SENSITIVE
however, is the issue of whether intervention by an Agentin a particular nonfederal crime falls within the scopeof employment.
presence or who arrest a state fugitive under the circumstances
to makearrests for state offenses with the authority and immunities of a law enforcement officer of the state or one of its subdivisions.
officer
previously described will normally be considered to be within the scope of employment. While a determination as to legal
case, the
policy.
DepartmentJustice, of ! It is
circumstances of each
the law -such as shoplifting or traffic violations--are not generally consideredthe within scopeemployment. Accordingly, civil of defendant employees such cases will not be eligible for legal in representation providedfor by the Department Justice. An Agent's of status with respect to civil liability in such casesdepend will on a Cav: SecCls:
actions against federal personnel concerning acts which fall outside the scope of employment will not be removedto federal courts, and
of
particular state's which may require an employeeto defend law, himself/herself as an ordinary citizen.|
assistant for arrest and detention of a subject in any manner contrary to FBI rules and regulations, such instructions are not to be complied with in absence ofFBIHQ authority. On receipt of such instructions,
FBIHQ should be promptly advised.
Where instructions
Cav: SecCls:
MIOG,|Part1, 88-5.2;|Part
or without
if the
I if
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SENSITIVE
Manl~ID:
complaint that
in the district of
chargesonly a violation of Title 18, USC,Section 1073 UFAP!, the arrested person is transferred without unnecessary delay to the
arrest, and the governmentattorney in the originating district moves promptly for the dismissal of the UFAPcomplaint. The Department of to wait until the UFAPwarrant has actually been dismissed before releasing the subject to state or local authorities, but it is important that efficient procedures be implementedand followed to
make sure that UFAP warrants are promptly dismissed after
notification
telephone, or electronic presentationof the complaintsetting forth probable causefor the magistratemustoccurwithin 48 hours following
a warrantless
Federal Rules
arrest
if
the arrestee
Procedure.
appearance cannot be held within that 48-hour period. Proceedings before the magistrate will be carried out in accordance with Rule 5,
of Criminal
**EffDte: 05/10/1996
3-5.1
Cav:
SecCls:
Incriminating statements obtained during a period of unnecessary delay after arrest and prior to the initial appearance
before a magistrate are subject to exclusion.
MCRT#: 0
Div: D9
Cav:
SecCls:
may invalidate
have elapsed.
limitation shall not apply where delay in bringing the arrestee before a magistrate is found by the trial judge to be reasonable considering
the means of transportation
nearest magistrate.
**EffDte:
3~5.3
06/19/1992 HCRT#: 0
Booking Procedure
Div: D9
Cav:
SecCls:
SENSITIVE
Page
"'
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ll
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n1u_92lIl~| ulllillmlllll
SENSITIVE
to the nearestFBI office for fingerprinting, photographing, and interview, whereappropriate. Police departments sheriffs' or offices may usedfor this purpose be where facilities are not available. FBI This "booking" process generally should exceed hours,measured not six from the time of arrest to the time of arrival beforethe magistrate.
**EffDte: 06/19/1992
3-5.4
HCRT#: 0
Div: D9
Cav:
SecCls:
Necessary Delay
If the delay in bringing an arrested personbefore the magistrate is greater than six hours, the government the burdenof has proving the delay was not unreasonable,if a confessionobtainedafter six hours is to be admissible. Ifactors which could contribute to a
reasonable delay
Cav:
SecCls:
3-6
**EffDte: 12/28/2001
3-6.1
Identification
A person to be arrested
of the arresting Agentto deprivehim/herof his/her liberty by legal authority. Therefore,it is the responsibilityof the arrestingAgent
audible voice, as
clear,
**EffDte: 06/19/1992HCRT#: 0
3-6.2 Physical Force
Div: n9
Cav:
SecCls:
D9
Cav:
SecC1s:
SENSITIVE
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06:43:34
Page 7
~-
1| 11-.
I|.m.vs|..1 mlllullnlllu
SENSITIVE
Hanl ID:
Temporary restraining
devices, such
as handcuffs,
Cav:
SecCls:
See LHBSA,|Part 1,14-2.5 and MIOG, Part 2, 11-5, 12 2.1,|12-10.4.1 !,|and MAOP,1, Part 1-4.!
! INTRODUCTION: This outline provides guidance to FBI Agents in the use of deadly force. The following general principles are to govern application of the FBI : deadly force policy: a! The policy is not to be construed to require Agents to assume unreasonable risks. In assessing the need to use deadly force, the paramount consideration should always be the safety
of the Agents and the public.
b! The reasonableness of an Agent's decision to use deadly force under this policy must be viewed from the perspective of the Agent on the scene--who may often be forced to make split second
decisions in circumstances that are tense, uncertain, and rapidly
evolving--and
!
without the
POLICY TEXT:
a!
only when necessary, that
believe that the subject of such force poses an imminent danger of death or serious physical injury to the Agents or other persons. prevent
believe:
b! Fleeing Subject Deadly force may be used to the escape of a fleeing subject if there is probable cause to 1. the subject has comitted a felony involving or threatened infliction of serious physical injury or 2. the subject's escape would pose an iminent
physical injury to the Agents or other
the infliction
death, and
danger
persons.
of death
or serious
c! Verbal Warnings- If feasible, and if to do so would not increase the danger to the Agent or others, a verbal
warning to submit to the authority
to the use of deadly force.
SENSITIVE
be given prior
Page
a I
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s~ -um | l-mml|w92
mu ll
HI
SENSITIVE
Mani-ID:
LHBSAP1 LEGAL
disable movingvehicles. Weapons be may fired at the driver or other occupant a moving of motor vehicle only whenthe Agentshaveprobable causeto believe that the subject posesan imminent dangerof death or serious physical injury to the Agentsor others, and the use of deadly force does not create a dangerto the public that outweighs
the likely benefits of
!
its
use.
DEFINITIONS
death or serious
Deadly a! b!
physical
injury.
deadly force, two factors are relevant: 1! The presence of an imminent danger to the Agents or others; and 2! The absenceof safe alternatives to the use of deadly force. Deadly force is never
1.
Imminent Danger:
an intention to
the tactical
inflicting
intention to
otherwise
d. The subject is attempting to escape from the vicinity of a violent confrontation in which he/she inflicted or attempted the infliction of death or serious physical injury.
not required to use or consider alternatives that increase dangerto force is likely to achieve the purpose averting an imminent of danger, deadly force is not necessary. Among factors affecting the the ability of Agents to SAFELY seize a suspect, the following are
SENSITIVE
2.
Absence of
a safe alternative:
Agents are
themselves to others. or If
deadly
Printed:
08/20/200 06:43:34 I I I II
Page 9 I
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Wmm.ww
mun
IMWl@WW
SENSITIVE
prior to using deadly forceare required when feasible--i.e., when to do sowould significantly not increase danger Agents the to or
covera provides tactical advantage. armed An suspect attempting to gaina position cover necessitate useof deadly of may the force;
additional risks.
disadvantages posed the issueof action/reaction, coupled by with the in which Agents must assess natureand imminence the of a
! APPLICATION DEADLY or FORCE
lack of reliable means causingan instantaneoushalt to a a of threatening action, impose significant constraints on the time-frame
threat.
to shoot to cause
and
should assess
**EDte: 05/06/2002
c! Even when deadlyforce is permissible,Agents whether usecreatesa danger third parties that its to
benefits of its use.
Cav: SecC1s:
HCRT#: 1192Div: D9
3-1
appliesprior to making forcibleentryto arrest as well. Agents making forcibleentryshould adhere the policyandprocedures to set
forth in section5-2.2.2. entitled "Manner Entry."| of
SENSITIVE
iFI]I["TT"
hK l ...........i92
.1
nII,
Iwlhiwlllil
ullllllllwlll
SENSITIVE
suspect's premises Agents must to arrest, obtain consent enter,an to emergency "hot pursuit"! justifying a warrantlessentrymust exist,
that the suspect is in the premises.
hotel, motel, or boardinghouse room becomes principal residence of the the person renting or leasing suchpremises. Thus, entry to arrest the suspect would constitute entry into the suspect's premises if it
the suspect
not named
premises may still be regarded as the suspect's premises the if suspect occupies the premises jointly with another. For example, a hotel room shared by the suspect with another but where the suspect is
on the hotel register is to be treated as the suspect's
premises.|
third party's have consent
warrantless entry
! |Third
premises to enter,
must
Party Premises
-in
order to
enter lawfully
describing the
not
search warrantwould benecessary in circumstances where personto the be arrested is an overnight guest, casual visitor, or temporarycaller at the premises the third of party. The entry to arrest, whether with based onfacts amountingto probable cause to believe the suspect to be arrested is within the describedpremises.| SeeHIOG, Part 1,
42 4.2.l and Part 2, 21-13.4.!
an arrest warrant, search warrant, or
example, a
exigent circumstances,
must be
circumstances which might justify entry to premises to makea warrantless arrest or an entry into third party premises without a search warrant are a reasonable belief that the subject will flee before a warrant is obtained, a substantial likelihood that the subject will dispose of evidence before a warrant is obtained, and an obtain a warrant.[
* 92
**EffDte: O7/26/1999
3 a smncn
SecC1s:
Arrest!.
3"9 MEDICAL ARRESTEES Part ATTENTION FOR 2,See HIOG, l |11-1.2 and|l1-2.3.2-!
SENSITIVE
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06: 3:3k
Page
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Sgcclgg
the FBI, Agents are to inform the foreign national that his/her consul will be advised of his/her arrest unless he/she does not wish such notification to be given. If the foreign national does not wish to there is a treaty in force between the United States and his/her country which requires such notification, consul must be notified regardless of his/her wishes, and that any necessary notification
In every case
national is arrested by
have his/her
consul notified,
his/her consul will be made by USA. In all arrests by the FBI of the
foreign nationals including those where the foreign national has stated that he/she does not wish his/her consul to be notified!, the FBI field office shall inform the nearest USA of the arrest and of the
wishes regarding consular notification.
arrested person :
I 0
Div: D9
Cav: SecC1s:
ll-2.3.3, 23-4.4,
countries, hence,
seizure in such
prisoners, or participate in interviews of prisoners except at their places of incarceration and in the presence of foreign authorities. invited to do so by a cooperating Div: D9 Cav:
any unauthorized
foreign authorities, participate in or be present during searches incidental to such arrest, accompany foreign officials transporting
or unlawful
arrests by
even though
foreign officer.
actions
SecCls:
IHUNITY See]5-11.!]
Diplomatic representatives of foreign governments in the United States are exempt fro: arrest by all officers, federal or state. Agents may not enter the office or dwelling of these
representatives for the purpose of making an arrest,
SENSITIVE
search, or
Ifage
12
.-.... ..-...92|.-4 ,
Ml
ll 1lI.
I,.lLI,l|l..l.
ulllllll llll
SENSITIVE
consulate for purpose making arrest, the of any search, or seizure. This territorial immunity extends the offices residences to both and
not to
! Territorial Immunity Territorial immunity applies to all embassies, legations, and consulates,consequently, and no Agent of Bureau the should attempt toenter embassy, legation, any or
of officia1's residence. but only the ambassadors ministers, and to office ofconsuland a
similarly appliesto the immediate family membersthe of administrative and technical staffof a diplomaticmission.
! Personal Immunity Personal immunity applies to servants, and immediate members the family of diplomatic officers. It
ambassadors ministers, members and of their staffs and domestic
contemplated, FBIHQ be should immediately notified by telephone or [electronic communicationlbefore any action is takenin order an that appropriate check be may made with the State Department to determine
members, irrespective of their citizenship. It will benoted that personal immunity granted ordinarily consuls is not to from arrest on misdemeanor charges. event the In the arrest ofa consul is
Cav: SecC1s:
3-13 NEWS msnu. unnszns HAOP,5-7.1 and mos, See Part II,
Prior authorityof the Attorney General is required before an Agent may seek arrest an warrant formember thenews media a of who
Cav: SecC1s:
The Uniform Code of Military Justice authorizes any commanding officer exercising general court-martial jurisdiction to
SENSITIVE
13
_ ,,.,HmFT_..,,,_
NWT
SENSITIVE
Manl-ID: LHBSAP1
authority when
!A
or warrant;
! Sufficient
as the
the offense;
!A
statement of
imposed upon conviction. Receipts prosecution are not to be signed be executed by the U.S. Attorney. **EfDte: 05/28/1980
3-15 SERVICE
HCRT#: 0
OF SUBPOENAS
SecC1s:
to comply with a subpoena, Agents should ensure that the properly served by delivering a copy of the subpoena to **EfDte: 07/26/1999 MCRT#: 915 Div: D9
Cav: SecC1s:
3 16 mu-zsr
**EffDte:
I
SecC1s:
10/09/2001 HCRT#:
D9 Cav:
Section 4-2.1.!
3-16.1 Definition
Part II,
A juvenile
is a person
his/her 18th
birthday at
the time of
arrest.
|An act
of juvenile
delinquency is
18, USC, Section 922 x! or a federal law which if committed by an adult, by a person who
18th birthday.[
For|the|purpose of juvenile
delinquency proceedings and disposition following an adjudication of delinquency, a juvenile is a person who has not attained his/her 21st
**EffDte: 10/15/1997
3-16.2 Postarrest
Cav: SecCls:
The standard
prearrest procedures
SENSITIVE
applicable to
adults
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14
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he an
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n 92| .
SENSITIVE
Manl-ID: LHBSAP1
discussion with
United States
Attorney, filing
of complaint,
arrest, however,
issuance
should
inasmuch as no See
interrogation will
necessary to obtain
be conducted
a waiver
is not
HIOG, Part
The
2, Section
4-2.2.1.!
! Notification
arresting Agent
must immediately
The
take the
magistrate must
release the
juvenile to
his/her parents
or guardian
or other responsible party! unless he/she determines that detention is necessary to secure the juveni1e's timely appearance before the court, or to ensure the juvenile's safety or that of others. This
determination can be made only after a hearing at which the juvenile
is represented
of timely
by counsel.
Section 4-2.26-!
! Record
notification
of Notification
to parents
proof
and prompt
to prepare advised of
or custodian,
was
taken before
a magistrate.
Sections 4-2.2.2
and 4-2.2.6.!
and Interviews -A juvenile is not to ! Interrogation be interrogated for a confession or admission of his/her own guilt, or even an exculpatory statement between the time of his/her arrest for
a federal
who advised
rights. Information
the arrested
questions may
juvenile concerning
be asked
be recorded
the juvenile
Printed: oa/zo/zoos
osmsm
I I I II
I Page I I I 15 I
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.-inns, 1
nII,
-9292li.9292u|9292l92 92lUJlNlN|lW
SENSITIVE
Manl-ID: LHBSAP1
intends to say. The volunteered statement maybe reduced to writing if such action does not involve any delay in the juvenile's appearance before the magistrate. The juvenile may, however, be questioned cause any delay in bringing him/her before the magistrate. These requirements apply only from and after an arrest of juvenile, as
officers on a state or local charge. See
concerning theguilt of
defined by federal law for a federal offense. They do not apply when the juvenile is still a suspect for a federal offense underarrest by
state or local !.! See
MIOG, Part 2, Section 4*2.2.5.!
fingerprint or
! Fingerprinting and Photographing- Agents are not to photograph a juvenile unless he/she is to be prosecuted
prosecuted as
or handled
as a juvenile offender, Agents are not to fingerprint or photograph a juvenile without consent of the judge. The law requires, however,
that following the adjudication of delinquency by the juvenile has been found guilty of an offense which, if
adult, would be a felony that is a crime of violence or
of
unlawful importation!, fingerprinting and photographing of the individual shall take place. Following such a finding of delinquency,
fingerprinting and photographing with
2, Sections Service. See 6-4.8 and HIOG, Part 4-2.2.3
manufacturedistribution or
of controlled
substances forpurpose of
the
public either
! Press Releases -Agents are prohibited from making the name or picture of the arrested juvenile. A press
the arrest of a juvenile is permissible if
HIOG,
release concerning
carefully worded to contain no identifying information. See Part 2, Section 4-2.2.0, and HAOP, Part 2, Section 5-2.1 !.!
**EfDte: 05/O1/2000
Cav: SecCls:
S 7Page
16
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n ll-l
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SENSITIVE
Cav: sec1i=
possible bank robbery suspect! detaining identification or for search. Thus, each must meet the constitutional standard of
justified by articulable facts supporting a reasonable suspicion that [ ! A seizure takes place only when Agent, by an means
investigative detentionseizureandprotective frisk is a is a the reasonableness set in the Fourth forth Amendment. These procedures
purposes e.g., fugitive apprehension!. procedure have Each must its own independent justification basedfacts on known the Agents. to The
weapon, some physical touching, the use of language or or tone Questions related one's or a to identity request for
the threatening presence several Agents, display a of the of of voice suggestingrather a command thanvoluntaryrequest. a
identification donot, bythemselves, constitute a seizure.
is free
identification is ascertained.|
suspicion and be can a useful means to identify people present interviews should momentarycease soon reasonable be and as as
1* Page
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| 1 ll
II.
.9292l|'9292u|921|n92 ultdllll ll
SENSITIVE
Manl-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PART 1 that is, facts of such quality and quantity to justify a reasonable
belief that the arrested person committed has a crime probability that a crime hasbeen committed!. Where the Agent hasa lesser still takeaction. Agent justified in temporarily is detaining the
the purpose of
quantity facts whichsupports of only a reasonable suspicion that a crimemay havebeencommitted and particular person havebeen a may
a crime
criminal
conducted sucha manner to uncover in as additional facts regarding the suspected criminal activity. Suchfacts additional may be sufficient to meetthe test of probable cause justify an immediate and
arrest.
**EffDte: 05/01/1985
4-2.2 Release of
HCRT#: 0
Suspect
Div: D9
Cav:
SeeCls:
mustrelease the suspect additional if facts are not developed supportingprobable cause to arrest. The investigative detention conceptincludes not only suspicioussituations involving violent crimes but also investigation of possessory and "white~collar" crimes.
**EffDte: 05/01/1985
4-2.3 Duration of
MCRT#: 0
Detention
Div: D9
Cav:
SecC1s:
[An Agent
reasonable period of
what he/she is doing maybe considered whendeterminingwhethera detention should be extended. An Agentshoulddiligently pursue
factors, suchas
situation is permissible. Finally, it is recognized that some types of time other types of
4-2.4
time of the detention. For example,bringing a witness to the site of the detention to identify the detainee in order to quickly clarify the
!.!
Cav:
SecCls:
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92|_92 In nan en
M1-mil um
SENSITIVE
Although an investigative detention represents a substantial denial of one's freedom of movement,it should not approach the samedegree of full custody exercised when an individual
Oneof the
deciding whether
create no problem provided the Fourth Amendment reasonableness standard is met. Problemsarise when the initial detention site is
constitutionally permissibleprovidedthe degree of force and length of detention are reasonable underthe circumstances. Likewise, detention in private places when the Agent is lawfully present will
changed without justification. It should remembered be that any exercise of detention authority should accomplished be with a minimum of intrusion. Thus,moving detainedpersonshould a be avoidedunless
there is good reason for doing so.
or potential for hostile
hazard
crowd reaction
reasons for
taking the persondetainedto another locale. Movinga suspecta short distance to afford better lighting, or to allow the Agent to use his/her car radio are also permissible; however,transporting a suspectagainst his/her will to a field office and detaining him/her there is a moreserious intrusion. The inherent coercion present in practice tantamount arrest. Sucha procedurecan to be used only when it can be clearly shown that the suspectvoluntarily accompanied the Agents or that probablecauseto arrest existed. As a general rule,
Agents have the authority to detain anyone present at a location, transporting and detaining a suspect in such an environment makes this
it a private residenceor business establishmentopen to the public. The primary purpose for this detention is to ensure the Agents safety
found during the search maybe attributed.
be
during the execution of the warrant. A second reason is to ensure the presence of the occupants to whompossession of evidence or contraband
Cav:
SecCls:
|12-10.4.1 !
!.!
brief detention, an Agent may employ that degree of reasonable force found necessary under the circumstances, short of deadly force. Use of deadly force is not permitted to enforce a temporary detention. However, this does not meanan Agent cannot defend himself/herself
!
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06:43:34
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ubmu mu
SENSITIVE
Hanl-ID: LHBSAP1 LEGAL-HANDBOOK SPECIAL FOR AGENTS PART1 include, for example, the displaying of a weaponby the Agent under
convert the detention into an arrest. For example, attempts by a suspect to turn and flee or a suspect s refusal to comply with
**EffDte: 4~2.6
SecCls:
significant deprivation of freedom as to constitute custody, as that term is commonly understood. Persons temporarily detained for brief questioning by Agents who lack probable cause to makean arrest need
not be warned of their rights against compulsory self-incrimination and to counsel until such time as the point of arrest has been reached or the questioning has ceased to be brief and casual and becomes
sustained and coercive.
**EffDte:
05/28/1980 MCRT#:0
Div: D9 Cav:
SecCls:
a 2.7
**EffDte: 07/26/1999
|Deleted]
HCRT#:915 Div: D9 Cav: SecCls:
4-3
**EffDte:
4-3.1
detained
may be armed;
Printed: 08/20/2003
06:4334
Page
Maul-ID: LHBSAP1 HANDBOOK LEGAL FOR SPECIAL PART AGENTS 1 c! the Agent identifieshimself/herself if and the situation permits, makes reasonable inquiries;and
SENSITIVE
a! the typeof crimeinvolved; b! thereputation the person of detained; c! the timeand place of the stop;
d! a suddenmovement,and
92
92
seccii:
theoutside whether was weapon there a within. Anexception be would reliabletip, etc.! regarding location a weapon. that the of In instance, theymay retrievethe weapon directly withoutfirst searching suspect's the outerclothing. In otherwords, degree the of
Furtherintrusions into areas, such as anunlocked briefcase a or purse, would bereasonable the if Agent was unable determine to from -
weapons should
! General Rule: In conducting limited search a for but alsobereasonable scope.Generally, limited search in a for
92
provided container's size permitseasy the design and access s to possible weapon. Generally,limitedsearch weaponsa a for in container package or should begin with a pat-down the outer of
Page 5
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. lu..|,||m.
mu llHI.
Iml
llll ullllllllullll
SENSITIVE
| !| r1t1= 1s,usc, Section 3149, provides if the that testimony a of person material any is in criminal proceeding, and if there probable cause is to believe would impracticable it be to secure the witness presence by subpoena, a Federal judge or magistrate may detain the witness or impose conditions of release e.g., bail bond!.
without identifying[himself/herself, a detainjudge longit takes to as contact the he/shelmay for only U.S. Attorney or Federal so or HCRT#: Div: O D9
Property
**EffDte: 10/20/1983
4-4.2 Personal
Cav: SecCls:
suspected of committing crimes. The of usethis procedure, however, has also been expanded detentionobjects where to include of the facts known the Agent insufficient justifyprobable cause to are to for a
SENSITIVE
'
WIN
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1 n .|-<
w.I.92|.|lm nl mllullllu .
SENSITIVE
Man!-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PART 1 search warrant, yet support a reasonable suspicion that the 0b]8t
contains contraband other evidence of criminal activity. or In such a situation, the Agent may detain a package, box, trunk, or suitcase temporarily while attempting to secure additional facts justifying a
search warrant.
of time or until his or her suspicions are dispelled, whichever comes first. During this time, the privacy of the package andits contents must not be disturbed. As with the detention of a person, the reasonableness of the length of detention is a flexible concept. The reasonableness of the length of the detention of the personal property
depends on the nature of the property, the container in which it is located, the person from whom it was taken, and the circumstances of personal property given over to a third party, an extended detention of such property when reasonable suspicion exists that it contains
the detention.
where a suitcase
reasonable. For example, a package deposited for shipment by postal authorities may be detained for several hours. On the other hand, where the property is seized directly from the possessor, such as
is taken from an airline passenger, in the property, the duration of
Cav: SecCls:
Printed: 08/20/zoos06:43:34*
*9
*rig.
I-|an
at-as, | -.-1|, I*
,|
SENSITIVE
Cav:
SecCls:
all searches be reasonable must at their inception reasonable and in their execution.Whether search a meets Fourth Amendment standards
! By terms theFourth the of Amendment, for or a search seizure evidence bereasonable. theFourth of must Under Amendment,
private
property concept. safeguards It whatever individual an reasonably expects beprivate. The to protection normally includes persons, residences, vehicles, other personal property, private conversations,
papers and records.
reasonableof expectation privacyin certain areasor information. As a result, government intrusions into thoseareas not constitutea do searchand, thus, do not haveto meetthe requirements the Fourth of
a! b! open fields; prison cells;
c!
d!
public accessareas;
vehicle identification numbers.
expectation privacyand, therefore, not amount search. of do to a Consequently, thesepracticesdo not requirecompliance the with
! The Supreme Court has determined that certain governmental practices do not involve an intrusion into a reasonable
subsequent governmental intrusion into the areadoes constitute not a search under Fourth the Amendment. A reasonable expectation of
SENSITIVE
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Page 1
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11
SENSITIVE
relinquishexpectationcurtilage orabandoning or the of privacy, such of as property setting trash the edgethe at beyond collection. for
! whenthere is doubtthe regarding existence a of reasonable expectation it should assumed such of privacy, be that an expectation exists Agents and actions should comply with Fourth the Amendment requirements.
the policy the of FBI to obtain a search warrant before conducting a some circumstances, for a person. See Section 3-7. policy subject The is to following exceptions: the
search for evidence, or in
a! Search incidental to arrest;
b! Search by consent;
circumstances;
! |Definition Affidavit Search of and Warrant Upon Oral shall only on an issue affidavit sworn beforefederal magistrate a or state and establishinggroundsissuing warrant. judge the for the If
Testimony: RuleFED.R.CRIH.P., that search warrant 41, provides a
mm"
* --
-...-
-.
.|_.
am. n In
u ems
SENSITIVE
Hanl-ID:
LHBSAP1 LEGAL
a federal
magistrate
and is to
Prior to obtaining a
the Office
warrant,
as a
should
in the
consult
case
with
file.
Attorney.
retained
filed
!
request for a officer or by
the
law enforcement
! WhoMay Issue: Title 18, USC, Section 3102, incorporates by reference Rule 41 a!, FED.R.CRIH.P, which grants power
to issue search warrants to a judge state, commonwealth, or territorial of the United States or of a court of record or by a United
officers to issue search warrants. Constitutionally, the requirement is that the issuing authority be neutral and detached and that he/she have the capability of deciding probable cause.
! Jurisdiction:
a! General Rule: Federal rules provide that a search warrant may be issued by a federal magistrate judge or judge of
a state wherein commonwealth or territory court of record within the property or person to be searched is located. the district
b!
warrants
located
Exceptions:
The authority
to issue search
established
the
extends
in another
to situations
district but
where probable
will be located
cause is
within
to
for property or a
believe
the the
even
that
the item s!
at the before
in
district district
if
c!
Other courts that are
Judges:
under the
Federal Rules are bound by the same limitations. Thus, if the judge is empowered to act for the state at large, he/she may issue warrants valid anywhere in the state. But, if the state judge's commission is limited to less than state-wide jurisdiction, his/her warrants will be valid only to the extent of his/her actual jurisdiction.
! Justification for Seizure:
a!
warrant may be issued under this rule to search for and seize:
will
Page
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SENSITIVE
l.
92
is probable
evidence,"connection a must shown be between items the sought the and criminal behavior. Broadening grounds the for which a search warrant will issue include to evidence notrelaxtheprohibition does against
intact. Probable cause examined terms reason believethat is in of to
Cav:
SecCls:
! Description of Place to be Searched: The Fourth Amendment requires that the place to be searched described be with particularity. The general rule is that the description shouldbe of
case were assigned to execute the search warrant, he/she would have no
92
92
to
might be as follows:
surrounding grounds other related buildingsandimprovements, and such as storage sheds anddetached garages. For example, description the
"The premisesat 1418 CedarDrive, Dumfries, Virginia; further describedas a single-story dwelling house, Georgianbrick exterior, white shutters, and a grey roof, and all rooms,attic, basement,and other parts therein, and the
SENSITIVE
which makes the clear search is to encompass entire structure the shouldbe included, and whereappropriate, a description of
brief
'
Page 4
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wwmi
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SENSITIVE
thereon."
"South," "East," "West," that is part specify "North," Also, the or if of the address. "Street," "Place," or "Drive,"as thecase may should be be, shown.
b! Apartment - An apartment unit, not the entire apartment building shouldbe particularly desc ibed, unless probable I
cause dictates otherwise.
bearing the name Lynn House Apartments, rooms, attics, and all and
other parts within Apartment 1-A,and all garages, trash No.
Virginia, Apartment 1-A, No. further describedan as apartment unit withina two-story,multiunit apartment house, white structure brick
containers, and storagedesignated areas 1-A. " for the use ofApartment No.
included,
where possible.
be
stated. For
c! Storeor Business - The address, name the of "The premises as known Joe's Coffee Shop,
the business, including an office located in the rear of the premises, and any storage rooms, storage areas, trash areas and trash containers
attached or unattached."
story commercial building, with the word Joes' appearing in large black letters on the front window, andall rooms, dining areas, service areas, kitchens, pantries, stoves,
d! Vehicles As a general rule, the color, make, model license numberthevehicle tobe searched and of is sufficient to constitutean adequate description. For example:red, 1999 "a
Examples of such distinguishing characteristicswould be: a broken right headlight, a dented right fender, or a distinctive decal. and eye color, as well as distinguishing tattoos marks. If the or search ofthe person being is conducted in conjunctionwith the search
SENSITIVE
race,age, height,
Page 5
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iwmlnnmr
.,m,.
H mu mun. numwi |
mini ll
HI.
-~lMI..l.Il,l. unmuuuum
Hanl-ID:LHBSAP1 HANDBOOK LEGAL FOR SPECIAL AGENTS 1 PART f! Places Where Address Unknown noaddress is If
SENSITIVE
description beespecially will important. description The should be sufficiently detailed avoidmistaking to the place to besearched. In this regard, useof photographsdiagrams a supplement the and as to a photograph marked
grounds."
Exhibit and rooms, #1, all lofts, storage areas, thesurrounding and
greater detail
! Description Property Person beSeized The of or to FourthAmendment forbidsa general exploratory warrant. Thus, property be seizedunder warrant to a should identifiedas clearly be
If a! the property lends itself to ready identificationby physical description serial number, of and both
beingconcealed certain property,namely: large number, a believedto be 3,000 Hamilton Beach electric blenders,which electric blenders werepart of an interstate shipment from Baltimore,Maryland, to Richmond, Virginia." In this manner, bankrobbery could loot be
sufficiently described by reference to the total amount the or approximate number bills of eachdenomination of taken. Precise
Amendment protections.
the determination to whatis andwhatis not "obscene." as When the material soughtenjoysthe addedof protection the free speech and
free press provisions of the First Amendment, clearest the identification possible is required.
because such
books,papersmustdescribethe particular itemstaken. An effort to authorizethe seizure of "obscene material," for example, fails
person be to
Prim;-<2: oa/26/2ooslo6=43=31.
I Pig! 6
wmlmw
mam
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n 92|
slim--|~>|e- humanism
SENSITIVE
Cav: SecC1s:
acquired warrant,
Cav: SecCls:
authority, by
issuing
The rule also defines "daytime" to mean the hours from 6:00 a.m. 10:00 p.m., according to local time. p.m. to 6:00 a.m.!
! Nighttime
requirements must satisfied. Failure to comply with either of be the requirements below will makenighttime search warrant invalid, a and thus any evidence seized during suchsearch may subject to be
two requirements are as follows: on the
0:00
a! In
the
that
specifically indicate
time in the day or night and crossing out the other option, which provides daytime service. Additionally, it has been held that a to constitute
authority for
affidavit specify
affidavit. For
of discretion,
that this
search
TI1llT"TT' M
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ll ll 1|
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SENSITIVE
nighttime."|
betweenhours the of 10:00p.m.6:00 a.m. not and and merely the "in Cav:
service should bedisturbed reviewing Whether not bya court. good cause exists depend facts each will on the of case.Language in the affidavit strengthen can the showing cause. example, of good For the affidavit could specify the that stolen property removed will be
SecCls:
warrant search to yourresidence open door." The the same rules suspicion anyoneor more the following: of of
before entry is made execute to a search warrant. is Thisalso considered of the"reasonableness" part requirement Fourth of the Amendment for searches. announcement begiven one The need only by Agent need belengthy elaborate shouldconveyed and not or but be in a manner theperson that behind door the knows is taking what place.A loud announcement is essential; communication where is anticipated to bedifficult, electronic devices designedamplify voice to the should
Title 18, USC, Section 3109, requires Agents "knock to and announce" identity,authority purpose demandenter their and and to
Section 3-7.! The "knock announce" and requirementnotbe need complied where with the Agent executing warrant a reasonable the has ! to "knock announce" cause Agent and would the and/or
another be placed imminent to in peril of bodily harm; Agent's authority,and identity, purpose;
! to "knock announce" cause evidence and would the sought under warrant be destroyed removed; the to or or
person the Agent seeks to arrest.
to !
permissib1e.|
constitutionally protected premises notviolate does Title18,USC, inasmuchentryis made as without use force. the of Nevertheless, practice generally such a is unnecessary and should be
Section 3109
Cav:
SecC1s:
Page a
T] IFmTT"
HIlillllh 1 1 -
SENSITIVE
Hanl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1
s-2.2.3
Iliovedto s 2.2.z|
Cav: SecCls:
5-2.2.4
reasonable. The reasonableness response of the person against person complies with the entry
and conduct the search. If the person refuses forcible entry should be made. The force used
to allow Agents to promptly and safely gain access
no more.
be used person
Ordinarily
for the purpose of making immediate forcible entries. behind the door remains silent or responds ambiguously
demand, Agents must wait a reasonable amount of time before making a forcible entry. Examples of ambiguous responses are: "I'm getting dressed" or "Take it easy" or What's the rush." A reasonable time depends on the circumstances, particularly on the object of the
search. What may be reasonable with respect to stolen typewriters not be reasonable where gambling records on flash paper or watermay
soluble
As a general
that lapses
practice,
between
Agents should
the demand for entry
and the forcible entry itself. Agents are under no obligation to argue or negotiate with a person whose property is to be searched. Nor should they display credentials through peepholes, slide copies of
the warrant under the door, or otherwise delay the execution of the
5-2.2.5
!.!|
reasonable
steps
are necessary
to protect
control the movementsof persons found inside the premises and may conduct a limited search of people for weapons if the Agent has a reasonable suspicion that they are armed. While executing a search warrant on premises, Agents have authority to detain occupants while the search is being conducted. Agents may conduct a limited search of persons for weapons only if Agents have a reasonable suspicion that
the person searched is armed. Restraining devices may only when to do so is reasonable under the circumstances. Title be used 18, USC, a
resist,
oppose, prevent,
to execute
an Agent
attempting
search warrant. Hence, a person may not obstruct the execution of a warrant and can be immediately arrested for doing so. A violation may
SENSITIVE
Page 9
IIIHHIH '
-M -...
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IN1 1|
II.
lull
lllll
HI-illlllllll
SENSITIVE
be shown even though the persondoesnot use force or violence. As a general rule, Agentsshouldexercise this authority with restraint. or opposition. Agentswhoarrest underthis statute should be prepared to prove some overt act waspreformed an effort to defeat in access of an Agentto place to a be overt acts. Destruction or removal
warrantis a separate criminalviolation Title 18, USC, Section2232! searching Agents Title 18, USC, Section 2233!.|
SecCls:
mayinclude personal property foundon the premisessuch described, as duffel bags, suitcases, and automobiles. The scopeof the search, of the search. Agentsare underno obligation to begin or end the search at any particular place within the premises. The search for evidenceunless suchpersonsare particularly describedin the
extend to
logically be
it may
be reasonable, for example,to pull up floor, tear down wall or a a dig up a garden. If it is anticipated that the searchwill include such action, Agentsshouldconsider including this in the warrant iffid8V1t.|
Cav:
SecC1s:
Where Agentsare lawfully present, suchas during the execution of a search warrant or when acting consistentwith one of
observe the item s! andit mustbe immediately apparent the Agent to that the item s! are evidence contraband. plain view doctrine or The
is not an exception to the warrant requirement and doesnot authorize
SENSITIVE
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Page 109
'
"TI EFTT"""*
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Hanl-ID:
Agents to enter
seize an item s! in plain view whenacting consistent with a warrant or an exception. The plain view doctrine will not justify a warrantlessentry to a person's premiseswherethe plain sight observation occurs from place beyondthe area protected a by the evidencefrom a place Agentseizes contraband
Agent may
constitutionally
protected
within a
premiseswherethe Agenthas no
right
to be, even though the Agent is lawfully on the premises. For example, if during the arrest of a subject in his/her premises, an
during a
D9
Cav:
SecCls:
I5-2.2.8|
for doing so. A violation may be showneven though the person resisting does not use force or violence. As general rule, Agents a
should exercise this authority with restraint. Offensive or abusive language should not be interpreted as resistance or opposition. Agents who arrest under this statute should be prepared to prove some overt act was performed in an effort to defeat the purpose of the warrant. Threats with a weapon or acts denying access of an Agent to
a place to be searched are examples of such overt acts. Destruction
separate criminal
Title 18, USC, SecC1s:
HCRT#: 915
s-2.2.9
|Hovedto 5-2.2.s|
Cav: SecCls:
5~2.2.10
|Hovedto 5 2.2.2|
D9 Cav: SecCls:
5-2.2.11
and|5-4.1O.!|
SENSITIVE
Pagei 11
Tl1lF'TT
SENSITIVE
Hanl~ID: LHBSAP1
copy of
to give a to the
whether or
individual whose
person, premises,
not any evidence is seized under the warrant. In addition, a receipt is to be given for any money, documents, or other property seized,
whether under seized in authority of the warrant or otherwise. plain view or a weapon taken for safety reasons, Thus, items though not
described in the warrant, should be included in the receipt. The receipt is to be in the form of an itemized list of all property taken. Agents should ensure that the description of all items is adequate and accurate. The receipt should be prepared in triplicate.
The original magistrate. One
retained in
will accompany the warrant upon return to the copy is given to the person searched, the
the case file.
U.S. other
**EDte: 07/26/1999
HCRT#: 915
Div: D9
Cav: SecCls
5 2.2.12 Return
The return
of a
search warrant
is the
report to
the
issuing magistrate that the warrant was as soon as practicable after execution.
on the reverse side of Form A.0. 93
Search Harrant!.
property taken pursuant to the warrant must accompany the return. The inventory consists of an itemized list of and is to be made by the Agent who applied for the
warrant, or
The inventory person. A
the search.
person from the
it is
they are
the
to
the searching
been secured. In the
Agents to
make certain
a resident,
the place
absence of
take whatever steps are necessary to render the premises inaccessible to neighbors, vandals, etc. Where a door has been broken upon entry it should be repaired, replaced or boarded up before Agents depart. If a third party, such as a carpenter, is required to secure the premises, an Agent should remain until such work is completed.
Premises disrupted
prior to
condition
that
12
search insofar
is anticipated
Printed: O8/20/2003
06:43:34 Page
Hanl-ID: LHBSAP1
LEGAL HANDBOOK
later claims
of harassment
will
be made
by those
affected by
the
is sound
practice to
photograph the
interior
of premises
policy Div: D9
is designed
or illegality.
Agents
allegations
of impropriety
Where performance
of duty
results
in damage
to private
property, such as a broken door, the compensation, even where there was
and search. Government funds
are available
for satisfaction
justified claims
has been filed or is
arising from
likely to
such damage.
be filed:
case where
a claim
! The
representative should !A
obtained;
!A
should be
minimum compensation
should
figure acceptable
by letter
owner
above
determined. FBIHQ
be advised
information, together with the SAC s recommendation as to whether the claim should be paid, and if so, the estimate of a reasonable amount. Claims should be handled promptly. Efforts should be made to settle
claims on an amicable escalate into a major basis, rather problem. than allow a minor matter to
**EfDte: 05/01/1985
MCRT#: 0
Div: D9
Cav: SecC1s:
5-2.2.15 Criminal
Liability
procures a
severity. Any Agent who, maliciously and without probable searches property with a search warrant is likewise guilty Federal criminal violation Title 18, USC, Sections 2234, **EffDte: 05/01/1985 HCRT#: 0 Div: D9
Cav: SecCls:
5-2.2.16 Forfeiture
Forfeiture is
of Property
a procedure
See|5-8.3|and HIOG.!
created by
SENSITIVE
I
in
statute, penal
I is
WIND ATIITITIWIWWIIIIIIWF
Han1'ID: LHBSAP1
LEGAL HANDBOOK
nature, which fosters an underlying criminal statute by depriving wrongdoer of property used in a criminal enterprise. Forfeiture generally disfavored in the law and statutes authorizing forfeiture are strictly construed. Such statutes are primarily aimed at the
curtailment of trafficking in narcotics, firearms, and counterfeit
a is
money. However,
other criminal illegal gambling
forfeiture may
laws, such as the business. Under
be sought
by the
Government under
used in an 1955 d!,
forfeiture purposes
gambling business.
and a
any property,
An inventory
for it at
used in
of the
an illegal
property seized
receipt given
the time of seizure or as soon thereafter as practicable. The property taken is to be held for or turned over to the U.S. Marshal
for the district in which the seizure was made when not held as
evidence 8
CPR Section
9a.3!.
**EffDte: 07/26/1999
5 2.2.17 Recovery
Cav: SecCls:
Whenever money or other property consisting of numerous items requiring counting is obtained in connection with an FBI investigation, the money or property is to be independently counted by two Agents and their results compared for the purpose of verifying the
accuracy of the count and detecting any errors.
HCRT#: 0
Div: D9 Issuance of
Premises Pending
! Agents who have probable cause to believe evidence is inside certain premises may encounter the need to secure those premises to prevent the destruction or removal of evidence while a search warrant is being obtained. When such a need arises, Agents
should, whenever possible, secure the premises from the outside and
refrain from
entering the
premises until
execution of
the warrant.
If
lawful entry has already there remains no threat and secure the Premises
been obtained, the Agents should assure that to themselves or to the evidence, then leave from the outside.
! If
Agents have reason to
but
be
protect themselves
! There will be instances, however, when Agents who make a justified entry will not be able to leave the premises. The presence of other occupants or residents of the premises who have and
SENSITIVE
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06i43:34 I
Page 14
Hanl-ID:
LHBSAP1
exercise
a lawful
right
to remain
may require
the Agents
to remain
inside the premises while the search warrant is obtained. In such a case, the Agents may control the movements of persons found inside the premises consistent with the need for the Agents continued presence. Agents must, however, exercise reasonableness in their efforts to control those present and attempt to minimize the intrusion. Such
restrictions
consistent
on the
with
movement of persons
instructions contained
inside
in
the premises
are
Sections 4-2.4
and 5-2.2.5.
! Regardless of which method Agents use to secure premises pending issuance of a search warrant, the efforts to obtain
An unjustified prolonged
"freeze" of
of the premises to be an Agent's
Additionally,
is made based on
reasonable|suspicion|that entry
is necessary to
prevent harm to
Agents
evidence or contraband are seen in plain view, Agents should refrain from seizing those items immediately, except where immediate seizure is the only method reasonably available to prevent harm or destruction. Rather, when possible, the items observed in plain view
should not be seized until the search warrant is obtained and
executed.
Certainly, if
if
e.g.,
secured immediately
such action
of the Agents|or|others. !
**EffDte:
|Deleted|
MCRT#: 915 Div: D9 Cav: SecC1s:
07/26/1999
5-2.2.19
Part 2,
|1o-18.3.!!
There is no legal difference in the search and seizure of
computersand other documentsearches. Fourth Amendment principles apply to computer searches as well as to traditional searches. Thus, there is a strong preference for obtaining warrants in order to avoid the judicial scrutiny that will necessarily take place as a result of
a warrantless search. However, the key to conducting a search or
seizure
of a computer is planning.
Before preparing
a warrant to
seize all or part of a computer system and the information it contains, it is critical to determine the computer's in the role offense. The computer may be a tool of the offense i.e., used to
commit the offense! or it may be incidental to the offense, but a
repository of evidence. In somecases, the computermay serve both functions at once. Another concern in preparing a search warrant is
08/20/2003 06:43:34
'
"TIIIIFTT
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H --s
. -,.,....~
._ ...
_...._.
..
SENSITIVE
Manl-ID: LHBSAP1
an articulable
be listed. For
Questions should
independent basis
additional guidance
to be
regarding the
Chief Division
Guidelines For Searching and REPORTER, Page 2023 994!. **EffDte: 10/09/2001
5-3
Seizing Computers,"
HCRT#:
1159
Div:
D9 Cav:
SecC1s:
THE SEARCH
WARRANT
A warrantless
search is
presumptively unreasonable.
However, there
While
the warrant
requirement.
consistent
these exceptions
to conduct
a search
with the permissible scope of the exception, due to the preference for a warrant, Bureau policy requires Agents to obtain search warrants
when time permits. reminded that When conducting a warrantless search, Agents are the burden is on the government to demonstrate that the
exception applied and that the government stayed within the permissible scope of the exception. The exceptions include
following:
Consent
the
Emergency Searches
Search Incidental to Arrest
The Motor
Vehicle Exception
Inventory]
**EffDte:
07/26/1999 HCRT#:
915 Div:
D9
Cav:
SecC1s:
5'3.1
[Moved to s-6.1|
07/26/1999 MCRT#: 915 Div: D9 Cav:
SecC1s:
**EfDte:
5-3.2
Ihovedto 5-6.2|
07/26/1999 MCRT#: 915 Div: D9 Cav:
SecC1s:
**EffDte:
5-3.3 **EffDte:
|De1eted|
07/26/1999 HCRT#: 915 Div: D9 Cav:
SecC1s:
5-30
Printed: 08/20/2003
06:43:34 Page
16
and .
. ._-
__...__ .___
__ __ ,___ , ,,_7____n'||||>-~-
Haul-ID: LHBSAP1
LEGAL HANDBOOK
**EffDt0:
07/26/1999 MCRT#:
915
Div:
D9
Cav:
SecC1s:
5-3.5 **EffDte:
|De1eted|
07/26/1999 HCRI#: 915
Div: D9 Cav: SecC1|:
5-3.6
|De1etod|
07/26/1999 MCRT#: 915
Div: D9 Cav: SocC1|:
**EffDte:
5-3.7 **EffDte:
|Hoved to 5-6.3]
07/Z6/1999 MCRT#: 915
Div: D9 Cav: SecC1s:
5-3.8
{Moved to 5-6.4|
O7/26/1999 HCRT#2 915
Div: D9 Cav: SecC1::
**EffDte:
5-3.9 **EffDte:
I oved to 5-6.3|
07/26/1999 MCRT#: 915
Div: D9 Cav: SecC1s:
5-3.10 **EffDte:
[De1etod|
O7/26/1999 HCRT#: 915
Div: D9 Cav: SecC1s:
5-3.11 **EfDte:
|De1eted|
07/26/1999 HCRT#2 915
Div: D9 Cav: SecC1s:
5*3.12
|Deleted|
07/26/1999 HCRT#: 915
Div: D9 Cav: SecC1s:
**EffDte:
5-4
SEARCH BY
CONSENT
**EffDte:
O7/26/1999 MCRT#:
915
Div:
D9
Cav:
S0cC18:
requires Agents
to obtain
search warrant: 17
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06:43:3A Page
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Hanl-ID:
whenever possible. However, a consent is a relinquishment of Fourth Amendment rights by the consenting party, and thus is reasonable even
in the absence of probable cause and where searching Agents cannot particularly describe the materials being sought. **EffDte: 5-4.2 07/26/1999 HCRT#: 915 Div: Consent to Search:
In order authority to do so to establish
D9 Prerequisites
valid consent,
Cav:
SecCls:
ents
must be able
n9
Cav:
SQCCIIS
I5-4.3|
his/her host. Agents should make certain that consent is obtained from one in authority. Any doubts as to who possesses the premises or other property should be resolved before proceeding. Agents should
to consent.
The Supreme Court has held that a valid and are therefore reasonable
consent may be obtained from one with "apparent" authority over the
in
believing that the person from whom consent was obtained had such **EffDte: 07/26/1999 HCRT#:915 Div: D9 Cav: SecCls:
|5 4.4|
as to those areas or things whichare commonly possessed. A joint possessor assumes risk of disclosure whenhe/she agrees to share the
the property with another. Places or items of personal property reserved for the exclusive use of one person may not be searched by
SENSITIVE
Page 1a
WWW
SENSITIVE
Hanl-ID:
consent of
A consent search
possession
to joint
apply in a wide variety of relationships; e.g., husbandand wife, paramours, business partners, confederates in crime.
! As a general rule, parents may consent to the search children may not
of a family dwelling directed against children residing therein and being supported by the parents. On the other hand, since the Fourth
Amendment protection belongs to the parents,
relinquish the parents rights by consenting to a search of the family home directed against them. An employer may be barred from permitting a search of personal property reserved for the exclusive use of an
him/her by
available.
in the absence of
Bureau Agentseeking
the resident
records business
the
SecC1s:
I5-4.5|
consent is voluntary; that is, whether it is the result of a free and unconstrained choice. It is the government's to prove the burden consent was not coerced. Agents, therefore, should avoid any actions or statements likely to elicit submission to their authority rather than a free choice. No single criterion is used to determine voluntariness, but rather the sumtotal of surrounding circumstances
--such considerations as the number of Agents present, the time of not
invalidate a consent. Thus, a person under arrest may give permission to search his/her house, car, or other property. Use of physical
render a consent involuntary.
Printed:
O8/20/2003
O6:43:34
Page 19
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LEGAL HANDBOOK FOR SPECIAL AGENTS PART1 MCRT#: 915 Div: D9 Cav: SecCls:
5-4.6 Warning
In order
of Rights
to establish
Formerly 5-4.5!
a voluntary consent, the it is government a factor
is not
required to prove
a warning
of Fourth
administered before
the consent.
Nevertheless, since
|
to
whom consent is sought that they have a right to The warning is contained in the standard Consent MCRT#: 1159 Div: D9 Cav: SecCls:
FD-26.
**EEfDte: 10/09/2001
[5-4.7| Proof
possible. Form individual orally
make a record should note
of ConsentFormerly 5-4.6!| |
search should consent on fact of be obtained in writing, should be in the language of if
Consent to of the
the FD 26.
the consenter. The completed FD-26 should be retained envelope of the case file. **EffDte: 07/26/1999 HCRT#: 915 Div: D9
in the
exhibit
Cav: SecCls:
|He/She|may revoke time Agents terminate the consent, which at should I the search, orlhe/she|may otherwise limit the scope or time of search.
Agents must conform to such **EffDte: 07/26/1999 HCRT#: 915 Div: D9
I5-4.9] Implied
Neither silence
a voluntary consent. Agents should not rely on such conduct or any other ambiguous response as a relinquishment of Fourth Amendment
a specific
20
' "Trill???"
i*l " WM
.. -
H-us | in mum 92
Al
SENSITIVE
Hanl-ID:
I5-4.10
consentingparty for any property seized during a consent search. The receipt is to be in the form of an itemized list, accurately and
adequately describing all property taken, prepared
s-2.2.11.!| I
s-s
| See
one
SecCls:
authority of
to
is not practicable
obtain a warrant. Agents should be prepared to justify their conduct and demonstrate that they stayed within the permissible scope of the
exception.
!
the following
Prerequisite:
circumstances:
A warrantless
search is lawful
under
is a threat to life
a!
or safety, or
b! Hhen Agents have probable cause to believe that a dangerous individual after whom they are in hot pursuit will escape
or that evidence will ! be destroyed or removed. Agents are permitted to take reasonable and Scope:
necessary steps to eliminate the emergency. Oncethe emergencyis eliminated, the justification for acting without warrant is a over.
**EffDte: 10/09/2001 MCRT#: 1159 Div: D9 Cav: SecCls:
5-6
**EffDte: 07/26/1999
5-6.1
|SEARCl-I INCIDENTAL ARREST 3-8 andMIOG,Part T0 See 2, ll-1.3 through11-1.3.2.! Formerly 5-3!|
HCRT#:915 Div:
Right to Search
D9
Cav:
SecC1s:
Formerly 5-3.1!
Few rules are as firmly embeddedin search and seizure law as that which permits a search incidental to arrest with or without
arrest warrant. The authority to search following a full custody arrest is an exception to the warrant requirement and allows a full and complete search for weaponsor implementsof escape, and for
SENSITIVE
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0643:34
Page 21
H*T1HIF T7"
SENSITIVE
Hanl-ID:
LHBSAP1 LEGAL
evidence of criminal
from the fact of arrest. The nature of the crime, whether felony or misdemeanor, violent or nonviolent, has no bearing on the right to
search. Anysearchincidental to
Agents.
**EffDte:
Cav:
SecCls:
|5-6.2
arrest itself
suffice
must be lawful.
lawful
to establish a
arrest and incidental search will survive attack by the defense is to obtain an arrest warrant before imposing custody. As discussed below,
probable cause,Agents mustalso ensure that anyentry into premises arrest, Agents must haveconsent enter, or an emergency to "hot pursuit"! mustexist, or an arrest warrantmust outstanding the be and Agents haveprobable causeto believe that the defendant within the is
premises. Agentsare also remindedthat prior to makingentry to arrest into the subject's premises, Agentsare to comply with the
in order to ensure that the arrest is lawful.
is lawful.
I5-6.3
following a
is
entitled in all cases to search the person of the arrestee and the area within the arrestee's immediate control at the time of arrest for
weapons, means escape evidence anycriminal activity. The of and of search includeanyportable personal may propertyin the arrestee's actual possession, suchas clothing, purses,briefcases,grocerybags,
etc. The area within the arrestee's immediate control is any place
SENSITIVE
fromwhichthe personarrested mayseize a weapon destructible or evidence. Items of personal property whichare accessible to the Printed: 08/20/2003 06:43:34 Page 22
SENSITIVE
Hanl"ID: LHBSAP1 LEGAL HANDBOOKSPECIAL FOR AGENTS 1 PART arrestee, suchas an unlockeddeskdraweror unlockedsuitcase maybe searched. However, absentan emergency, inaccessible or locked items
warrant should thereafter be obtained prior to opening. b!
of the driver
92
or occupant of
a vehicle,
searched, as
the interior
occurs substantially contemporaneousthe arrest. Thepurposesof to this searchwouldbe to locate weapons, means escape,and evidence of of any criminal activity that could destroyedand thus, the scope be would include unlockedand or otherwiseaccessible containers such as
long as the
passenger
arrest
search
arrest
of locating personsthat mayposea threat of safety to the Agentsor others. In addition, a protective sweep other areas, beyondthose in
the Agentspossessa reasonable suspicionbasedon specific and articulable facts that the area to be sweptharbors an individual
generally should made the timeand be at placeof arrest byAgents imposing custody.A furthermore thorough search a prisonerat the of FBI office or some other place to whichthe arrestee is transported is justified as incidental arrest. A search the to of area immediately
surrounding arresteeshould conducted the time the be at of
after the arrest, while on a
present. In addition,Agents automatically a protective may make sweep the areasimmediately of adjoiningthe site of the arrest to locatepersons maya and conduct protective sweep otherareas of based may pose danger the Agents others.[ a to or
**EfDte: 07/26/1999 HCRT#: 915 Div: D9 reasonablesuspicion that the other areasharbor a person that Cav: SecCls:
or shortly
I5-6.4
Printed: 08/20/2003
06:43:34
Page 23
lllw f
SENSITIVE
Hanl-ID: LHBSAP1
receipt for
inventoried by
Agents prior to
being stored
for safekeeping.
arrestee. This inventory should include the contents of containers such as purses, shoulder bags, suitcases, etc., whether or not the
containers are sealed. In while gaining the event
an alternative
are
warrant
locked or
container or
function must
sealed great
damage to the
evidence or
circumstances the Cav: SecCls:
a container.
5-7 IMOTOR
A warrantless
authority to search is directed against the vehicle, search of the driver and occupants for evidence is not permissible, although a reasonable suspicion the person s! is armed. The scope of
of the motor vehicle is the same as with a warrant. limited search for weapons may be permissible if the Agent has Thus. if
the search
lb!
probable cause is applicable to the vehicle, the search mayextend to any part of the vehicle or containers therein where the evidence sought could reasonably be located. Conversely, if the probable cause exception search is the same probablecause needed obtain a to search warrant, consideration should always be given to the practicability of **EffDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
is limited to a container located inside a vehicle, the search must be confined to that container. Since the factual predicate for a vehicle
5-7.1 |Hoved
to 5-7|
Cav: SecCls:
I
Cav: SecCls:
5-7.4 |Deleted|
Printed: 08/20/zoos 06:43:34 Page
I
24
' """"
WIMHIW
nu can
SENSITIVE
Hanl-ID: LHBSAP1
**EffDte: 07/26/1999
5-8
|INVENTORY SEARCHES
may have reason for reason to seize searching the
property. As part of an administrative caretaking function, Agents seizing such property must be concerned about its custody, storage and inventorying the contents of the property. The inventory is a search made reasonable by the lawful possession of the property and adherence
to the
This caretaking
function is based on the need to protect the property owner's interests while the property is in the custody of the FBI, to protect the FBI and its employees against claims or disputes over lost, stolen or vandalized property and to protect employees from potential danger.
An inventory search may not be a ruse for a search for evidence of
criminal activity.|
**EffDte: O7/26/1999 MCRT#: 915 Div: D9 Cav: SecC1s:
I5-8.1 Scope
Upon seizing
of the contents of the property, whether locked or unlocked, including any containers located therein whether locked or unlocked, should be conducted and an FD 302 prepared showing the results of the inventory.
The FD 302 should include, but not be limited to, a description of the
property and a description of the valuables secured for safekeeping. In order to facilitate the preparation of the FD-302, form FD 653 Motor Vehicle Inspection Inventory Record! may be used in connection
with seizure of motor vehicles. The FD 302 may simply refer to the
FD-653 and be attached thereto. Where practicable, the inventory should be conducted by two persons. Nonevidentiary items of significant value should be removed for safekeeping and afforded adequate security. Contraband or evidence found should be immediately seized and preserved in accordance with existing procedures governing the seizure of physical evidence. A receipt should be given for all
items retrieved
Sections 26-2.5,
during the
26-2.7, and
search. See
149-3, and
5-8.2 below
HAOP, Part
evidence retention.![
**EffDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecC1s:
|5~8.2 Impoundment
Vehicles are
Inventories Formerly
often seized with no
SENSITIVE
5-7.2!
investigatory reason for
searching the
vehicle and
its contents.
In such
situations, Agents
Printed: O8/ZO/2003
06:43:34
"Page
25
""
"O
WWW
SENSITIVE
vehicle.
vehicles:
storage if
time of
are available.
should be prepared as practicable.
including trunk
locked or
the results
limited to, the
!A
prompt, thorough
inventory
of the
interior
unlocked, should
of the r a!
Description of
year, color,
license number!
b! Description
vehicle for safekeeping
of all of all
valuables secured
c! Listing
unattached parts left in
the vehicle
describing the
of the
body
of all
such as keys,
|5-8.3| Forfeiture
As applied
authorize the seizure of a
of VehiclesFormer1y 5-7.3! |
to motor vehicles,
vehicle where there
I
cause to
a forfeiture
is probable
believe it
acquired in violation
business under
is being
used, has
of a statute
anticipated. A vehicle lawfully seized pursuant to a forfeiture statute may be searched under the warrant authorizing seizure. A receipt should be given for the vehicle seized, and custody turned
SENSITIVE
26
SENSITIVE
Hanl-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PART 1 over to the
5-2.2.16!.
see Section
Cav:
SecCls:
**EDte: 07/26/1999
|5 9[ MARKING
All articles
as evidence should be
of the marks
being at a place
for the person or persons whoobtained the evidence to testify later date that this particular article was found at a certain cellophane envelopes should be appropriately identified.
notes should be made describing the articles found, identifying mark on each.
at a certain time. Each mark should be distinctive; therefore, an "x" should never be used. Evidence obtained and placed in containers or
Detailed
they
were found, the date found, and the person who found them and the
The original notes should
the place
the investigative file of the case for use by the Agent when he/she is
called upon to testify at the trial. If any of the evidence contains identifying numbers, such as found on guns or lottery tickets, these
the article
Cav:
be preserved in
and the
SecCls:
5-9.1 I oved
**EffDte: O7/26/1999
to 5-10.1|
MCRT#: 915 Div:
D9 Cav: SecCls:
5-9.2 |Hoved
**EffDte: 07/26/1999
to 5 10.2|
MCRT#: 915 Div:
D9 Cav: SecCls:
5-9.3 |Moved
**EfDte: 07/26/1999
to 5-10.3]
MCRT#: 91$ Div:
D9 Cav: SecCls:
|s-10|
SEARCHES BY u.s.
**EffDte: 07/26/1999
Page 27
~ 9-
mm
SENSITIVE
Officers of
the Customs
Service have
the right
by statute
to search without warrant and without placing under arrest aliens or citizens entering the United States. Should a CustomsOfficer lawfully conducting an investigation for customs purposes request the
assistance or presence of an Agent, the presence of such Agent ind hi!/hor participation in questioning the individual being searched will not invalidate an otherwise lawful search or seizure. See Bureau Bulletin #9 dated March 3, 1950.!
**EffDte: 07/26/1999 HCRT#: 915 Div: D9 Cav: SecCls:
permission of the State Department. Such permission may requested be diplomatic staff of a foreign government carrying material of is importance to the national security of the United States.
**EffDte: 07/26/1999 HCRT#: 915 Div: D9 Cav: SecCls:
is received that an individual assigned to the
other material
under their
control without
first obtaining
the
have anyofficial status when Agents have a reasonable belief something ofvalue will be ascertained. Agents may presentat such be
**EffDte: 07/26/1999 HCRT#: 915 Div: D9 Cav: SecCls:
national
I
28
mm
"
SENSITIVE
Manl-ID: LHBSAP1
**EffDte:
07/26/1999 HCRT#:
915 Div:
D9 Cav:
SecCls:
5-11.2 [Moved
**EffDte:
to s 12.z|
D9 Cav:
SecCls:
5-11.3 |Moved
**EffDte:
to s-1z.s|
915 Div: D9 Cav: SecCls:
07/26/1999 MCRT#:
|s-12|
**EffDte:
|s-12.1|
of 1980
restricts the
of its
authority
of the
broad
language, the
statute affords
protection not
only to
the institutional
press newspapers,
criminal offense
but to others,
or documentary
such as academicians, authors, film makers, and photographers. for Agents investigating a Specifically, the law makes it unlawful materials possessed by a person in connection with, or with a purpose
of, disseminating a public communication in or affecting interstate or foreign commerce. The clear intent of Congress is to require the government generally to proceed by subpoena to obtain such materials.
! Work
disseminate such
product materials
the public
are those
prepared, created,
have a purpose
to
through newspapers,
broadcasts, or other public communications. They include opinions, theories, conclusions, and mental impressions. Examples are research notes, drafts, or scripts prepared or possessed by a news reporter or
broadcaster with intent to disseminate.
! Documentary
information is recorded, purpose to publish through
materials are
those upon
which materials,
magnetically or
form of public communication. Examples are printed videotapes, motion picture films, photo negatives, and electronically recorded cards, tapes, or discs. **EffDte: 07/26/1999 HCRT#: 915 Div: D9
Cav: SecCls:
|5 12.2| Exceptions
Printed: O8/20/2003
| Formerly 5-11.2!]
SENSITIVE
I
Page 29
06:43:34
WHIH" '
mans sm
--mmlnlw
.| .
-. M] ..-. .
..-u-.-....s.._....
Manl-ID: LHBSAP1
LEGAL HANDBOOK
PART 1
either work
probable
which the materials relate Nor does the Act bar the
there is a reasonable
materials where
is necessary
to prevent
death or to the
serious bodily
of a subpoena
or
! the possessor has failed to comply with a court to produce the materials, and delay caused by further legal proceedings would threaten the interests of justice. **EffDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
|5-12.3] Remedies
No criminal evidence seized
| Formerly 5-ll.3!|
sanction attaches in violation for violation Act be of the excluded in Act. a
Nor will
of the
criminal proceeding. However, a civil cause of action against the United States, providing for liquidated damages, has been created. While Agents cannot be sued individually under the Act, the Attorney General is directed to: ! cause an administrative inquiry to be held where a violation of the law has occurred: and ! impose
administrative sanctions against the individual Agent, if warranted.
**EfDte: 07/26/1999
MCRT#: 915
Div: D9
Cav: SecCls:
5-12.4 [Moved
**EffDte: 07/26/1999
to 13.4| 5
HCRT#: 915 Div: D9 Cav: SecCls:
5-12.5 |Hoved
**EffDte: 07/26/1999
to s-13.5]
HCRT#: 915 Div: D9 Cav: SecCls:
s-12.6 Ihoved
**EDte: 07/26/1999
to s-13.6}
HCRT#: 915 Div: D9
SENSITIVE
l
Cav: SecCls:
|5-13| SEARCH
Printed: 08/20/2003
SENSITIVE
| Formerly 5-12!]
**EffDte: 07/26/1999 hCRT#: 915 Div: D9 Cav: SecC1a:
|5-13.1| Attorney
The Attorney General has issued guidelines, pursuant to Title II, Privacy Protection Act of 1980, which control the method used by Agents in obtaining documentary materials possessed by disinterested third parties. The purpose of the guidelines is to
assure that federal officers do not use their search and seizure
authority to
obtain such
evidence unless
reliance on
a less
intrusive
alternative means e.g., subpoena, summons, request! would jeopardize the availability or usefulness of the materials. The guidelines are reproduced in full in MIOG, Part 2, Section 28.
**EffDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
I5-13.2] Definitions
! Disinterested
| Formerly 5-12.2!|
third parties, for purposes of the
guidelines, are
reasonably believed
to be
either suspects in a crime to which the documents relate or individuals related by blood or marriage to such suspects.
! Documentary
is recorded and include,
materials are
to written
in addition
films,
audio or
visual tapes,
or magnetically
and materials
recorded.
on
is electronically
Documentary materials do
not include
items which
are contraband,
fruits and instrumentalities of crime. Therefore, evidence such as demand notes in bank robberies, negotiable securities stolen and
transported interstate, and fraudulent applications for federal loans or grants, may be reached by search warrant without offending the
guidelines.
**EffDte: 07/26/1999
HCRT#: 915
Div: D9
Cav: SecCls:
|5 13.3| Exemptions
| Formerly 5 l2.3!|
are the following:
to
inspections, etc.,
undertaken pursuant
! Foreign
authority of
counterintelligence operations
law;
SENSITIVE
under
applicable federal
Printed: O8/20/2003
06:43:34 Page
31
Manl-ID:
SENSITIVE
PART l
!
!
Border Consent
searches; searches;
of persons unknown
with a request.
who cannot
D9
Cav;
SecCls:
| Formerly 5-l2.h!|
the permit their use where intrusive less means securing as of documentary materials notavailable,to such tors are due fa possible destruction of the evidenceora detrimental ifin the d lay an investigation. thosea In situations, warrant be ed the may or u
guidelines
application thewarrant for is approved anattorney certain by , government U.S.Attorney, i.e., Assistant Attorne U.S. rgency, where Department of Justice supervisory officials!. anem SAC, or in In the it is not possible to contact of these one individuals, warrant, his/her absence ASAC, authorize the may application the notified for is of solong the as U.S. Attorney Departmental or official!24 hours.
theauthorization thejustification and therefor within
! A search warrant should beused re the not wh d materials sought in the possessiona disinterest third are of in
party
confidential information patients, on clients,or parisioners developedconnection treatment counseling, in with or o materials likely to bereviewed executing such are whilethe warrant permitted, is however, thefollowing warrant. under cond A the availabilityor usefulness thematerials of sought; jeopardize id
substantial importance the investigation; to and
b! Access the materialsappears to t
o be of
a!
itions:
of the
authorization
Page
32
WMIHIW it !
SENSITIVE
s-12.s>|
! Whether use ofthe alternative means tl wi give advance noticethe government s interest, there ulting of with
sought;
thedocuments
need to
Violation of
is employed.
with the SecCls:
Cav:
Page 33
SENSITIVE
**EffDte: 04/28/1978
6-1
MCRT#: Div:D9 0
Cav:
SecCls:
IN GENERAL
considerations.and have The which two guidelines iaortant follow purposes:assure admissibility to the credibility
f eyewitness
witness.I
**EffDte: 07/26/1999 I6-1.1
entifications ofthe
SecCls:
Cav:
should include many as details possible as regarding th characteristics clothing thesuspect. init obtained and of This
**EffDte: 01/30/1997
6-2
the
**EffDte: 10/27/1978
6-2.1
HCRT#: Div:D9 0
3 up-92 Cav:
al SecC1s: SecCls:
WhenConducted
ecessary.
Such
which codefendant, a confession,physical or evidence, eyewit identification beunnecessary may and considerationther sho
may b
to
E55? 1
ewitness' s
ld be given to
Printed: Os/20/zoosoe=as=s4
Page
SENSITIVE
appearance is or uncommon unusual,and difficulty ex rienced is locating suitable elimination participants, consideratio should be
given to not holding a lineup.
the uspect's
the suspect recognized and him/her during offense, lineup may the be
unnecessary.
Attorney If thereany uncertainty about necess'ty is the or wisdom can be made while reviewing the proof with USA the when seeking
a warrant. authorization for
of conducting Agent the advic: aCounsel|orseek to hold the I lineup, The decision of often the should a [Chief Division USA. lineup
**EffDte: 01/30/1997 HCRT#: 583 D9 Div:
Division Counsel92
Cav: SecCls:
6-2.2 Notice to U.S. Attorney, Defense Counsel, and Chief immediately adviseUSA defense the and counsel of fct, time and the
the lineup.
Cav: SecCls:
If defense counsel raises in tny objections or other manner obstructs 1ineup,92defense counsel]: | the proposed ould be
advised to discuss the matter with the USA.
Cav: SecCls:
Manl-ID: LHBSAP1 HANDBOOK AGENTS PART LEGAL FOR SPECIAL exists onlyif the lineup takes place afteran initial a pearance beforea magistrateor theinitiation of formal prosecut filing either aninformation or returnof indi on the of the an by the lineupis connectedwith theoffense for which the tment, and s
an initial appearance orwas charged.
uspect made
SENSITIVE
t a lineup
**EfDte: 10/O9/2001 HCRT#: 1159 D9 Div: 6-2.4.1 Lineups Prior to Arrest or Initiation
Cav:
SecCls:
of Pr
o secution
beforelinitial appearancelor initiation of prosecution, compelled to appear pursuantcourt order orgrand'u to a Jor is See 6-2.11, Detention Suspects for of Lineups!, he/she ry subpoena
informed that he/she may retain counsel the lineup ' for shall be
he/she
d one
wishes, represent legal counsel aa that he/she right shall buthas noto be appointed to him/her. The suspect b
sufficiently inadvance lineup to of the enable him/herinformed so
will not
to secure
the
suspect
fails
SecCls:
! Unrelated Offenses -Even after the in criminal charges, suspect a does not have theright to
tiation
ounsel at t been ect is
of
a
lineup relating other to criminal offenses have which n formally charged suspect. For to the example, a if sus legal rightto berepresented by counsel at a lineup he
is in custody or on bond.
desires an torepresent him.the todho so have hire to attorney,should sus fails or he be permitted and pect the attorneythe lineup at If
is presence lawyer for suspect. thatevent, itSee 6 2.h.! of a the In
declines to retain counsel, lineup the may proceed without the ! Same Offense A - suspecthas the righh to
SENSITIVE
a lawyer
Yrinted: 08/20/2093
06:43:34
Page
.TT]nlWiTT.-i,. ,iwTWWIm_TImWmt
WWI r
ln4_ __
I SENSITIVE
1 Hanl"ID: LHBSAP1 LEGAL HANDBOOK AGENTS PART FOR SPECIAL he for anylineup inconnection with offense which has the for been
ection have one appointed. No lineup shall held be under this ute a ifwaiver the suspect is represented counsel refuses exec not by or to
Cav:
SecCls:
6 2.5 Waiver
l! Lineups After Arrestor Charges If the defendant has has no counsel at timeof the the lineup, or his counsel not
should be completed show to the place of the lineup eform should date, and time the form was furnished to suspect.pecial Agents! the be signed thesuspect and by two witnesses preferably
and the time noted.
ciy, state!,
written in the blank space below "waiverand consen held. the lineup
! Refusal signthe his willing toForm form, SignIf suspectto %s but willnot the
ords should be
" paragraph
on
nust be voluntary. Agents should not say anythin door uspect's free
the product of the
**EffDte: 04/28/1978 hCRT#: 0 Div: D9
6-2.6 Substitute Counsel
the form. Witnesses should sign form, then the and the ! Voluntariness of Waiver - To be valid, the waiver which would
Cav:
SecCls:
U.S. represented by counsel and refuses to waive counsel, lineup th for Attorney
If the
ts not
SecC1s:
is
Page 4
Wmmrn.
'
.mH_ ,
SENSITIVE
1
y of
should be
merely that of an observer. His presence requiredto is intelligent cross-examination the lineupwitnesses assure of la andto detect anything that might affect the admissibili erat trial,
testimony about the lineup.
l!
suggestion promotes fairness the lineup. A onable which the of suggestions, whether notadopted, or should be noted by 1
supervising lineupandincluded his FD-302. the in
the proposed
he Agent
! Participation During Lineup The attor instructed not to converse with the lineup participants ey should be
r witnesses ould be noted ndant
in the
up witnesses
Completion of
Div: D9
Cav:
SecCls:
SuggestedLineup Procedure All FBI lineups should comply with the proc
dures proce ures are to s done or said
eliminate suggestivenessmake and certainthat nothing ' the lineup. This will !
these
in
Trinted:
08/20/2003
06:43:3h
Page
T TITIITTT M 4'"
WWI
'
--
-T... |QI92l92ll||1>
.an
Manl-ID: LHBSAP1
LEGAL~HANDBOOK FOR
PART 1
! Physical
Similarity -
All participants
hould be
of
witnesses should
lineup.
not be
used as elimination
of Suspect The
participants
suspect shoul
in the
! Position
positioned as to suggest identity. Prior to viewing by suspect should be allowed to change his position if either
attorney requests a change. of Agents by a lineup Agents participati ! Conduct
his
"8
observing a lineup
attention to
witness
the suspect.
on the validity
of an
witness.
compelled to
wear similar
Clothing The lineup suspe ct may be cipants must clothing. All other parti
suspect : clothing. -The suspect may be compelled required a e to
don the
Identification
identification if
being viewed by the
all participants
None of the lineup
pa ticipants,
mself
including
the suspect,
should be required to
identify hi
gestures or 9! Multiple
participants should
be required
to do likewise.
Multiple witnesse
should view
to segregate
of the
the lineup during thenot feasible,be taken separately. Iflineup so that th s%0uld this is care the witnesses
y are unaware
reactions of
the other
0! Identifications
an identification
within view of the
during the
of the
pa
ticipants are
witness. Multiple
identifications out
for possible
ile
is challenged.
nd preserved
nt the
l2! Record
of Lineup
- The
names and
. Any
addresses, jail
or otherwise, of all
06:43:34
lineup participands
SENSITIVE
Printed: 08/20/2003
Page 6
,. ...., ....,..-n,
AM 1|
SENSITIVE
Manl-ID:
suggestions Ob]OCt1O made the defenseattorney shouldbe or l by noted FD-302's describingtheir roles in the lineup.
in the FD-302. OtherAgents assisting in the lineup shall prepare Div: D9 Cav:
SecCls:
Cav: .
Seocleg
refuse. The defendant maybe informedthat evidence his refusal of might be usedagainst him at his trial. If the suspectbontinuesto refuse, considerationshouldbe given to obtaining a coukt order to
procedures.
participate in
a lineup. If a
right
to refuseito
**EfDte:04/28/19780 MCRT#:
Cav:
SecCls:
6~2.l1
! CourtOrder- Upon approval the of U.S. Attorney,an affidavit may filed with the be U.S. Magistrateor U.S.|District judge
place and time for a lineup. The affidavit should cont in facts establishing grounds to believe that a Federal offense as been
! Printed: 08/20/2003
06:43:34
M .-mm.
92Mlll
nI,IM92Me92hUUMWW
SENSITIVE
Han1"ID:
requested to ask the Federal grand jury for s subpoena directing the suspect to appear in a lineup at a designated time and place.
Div: D9
Cav:
SecC1s:
Div: D9
Cav:
SecC1s:
If a suspect is arrested or placed in temporary detention shortly after the commission an offense, in the general area of the of offense, suspect may be confronted singly by witnesses for identification purposes. The phrase "shortly after the commissionof
an offense," as used in this section, is to be considered two hours
unless special circumstances of an individual case warrant an extension, or local practice or court rules require a reduction.
suspect confrontation in favor of a formal lineup. However, if
In
staging a
attempt the single
impracticable under the circumstances, the Agents **EfDte: 07/26/1999 MCRT#:915 Div: D9
6~3.2 Confrontation Procedure
Because single
suspect confrontations
are inherently
suggestive, Agents should take all reasonable steps to assure that confrontations between suspects and eyewitnessesare acqomplishedas fairly as possible, with a minimum suggestiveness. Someprocedures of which may reduce suggestiveness are outlined below. It is recognized that the circumstances surrounding single suspect confrontations will
vary.
merely
Therefore
for
guidance.
should avoid telling witnesses about the status of the investigation or the details of the apprehension of the suspect. For example, Agents should not inform the witness of the fact that the suspect was
InformingWitness-ofStatus of Investigation
Agents
stolen car, or
06:43:34
"
Page
,..... .-.........
mm 1| 92lI1
IILIHIII
ulll
SENSITIVE
the
example, "Is this the person?" is preferable to "This is the person, should not comment on validity of an the identification
a single suspect confrontation.
the perpetrator
witness during
SecC1s:
vicinity of
suspect shall
a crime
l! After
shortly after
Arrest -If
confrontation may
take place
either at
not be required
viewing.
to remove
! During Temporary Detention - If a person found in the general vicinity of a crime shortly after its commission is placed in temporary detention, the confrontation should take place at the location of the stop. This will require transporting the witnesses to the scene of the detention. Unless special circumstances exist, or the suspect voluntarily consents, the suspect should not be transported to the scene of the crime or to another location for
viewing.
SecCls:
witnesses to
suspect in
the crime,
consideration
should be given to having only one or two confront the suspect. If the suspect is taken into custody, a lineup may bearranged for the
the confrontation.
D9 Cav:
SecCls:
suspect confrontation
~-m .~mm.
.u|||
nI..IuMMi.h HMWW
SENSITIVE
has no right to be represented counselat the confrontation. It is by unnecessary for any suspectto execute Form FD-404, YourRights at a
Lineup, prior to appearance in the confrontation.
Cav:
SecC1s:
Div: D9
Cav:
SecCls:
6-4.1
! Prior to Arrest Photographic identification techniquesare permissible prior to arrest, whenthe perpetrator of the crime is not in custody, andhis/her identity is unknown he/she or
cannot be located.
|After an Arrest -
Photographic identification
lineup is reasonablypracticable as the lineup techniqueis regarded as the most reliable of the eyewitness identification procedures.| **EfDte: 07/26/1999 MCRT#: 915 Div:
6-4.2
D9
Cav:
Procedures
SecC1s:
See
SuggestedPhotographic Identification
ls-4.6and|HIOG, 2, 7-8.! rm I
suggestive.
following
The display of photographsshould not be impermissibly Therefore, except where wholly impracticable, the
should be utilized:
procedures
! Number Photographs The suspect :photo should be of in a group of at least five other photos. Investigators maywish to utilize FormFD 747, Photo Spread Folder, to display the photographs. !
prints.
reasonable attempt to use photographsof other persons who resemble the suspect. The photo print itself should not be dissimilar to other
Printed: 08/20/2003
06:43:34
Page 10
~ ~ ~M~
SENSITIVE
! Multiple
view the
! Indications
locate and utilize photographs
of Criminality
which do
not show
in the photographs,
be covered or
indications of criminality.
If mug
is preferable
that the
Cav: SecCls:
6-4.3 Retention
identifying the
should be
I
was made,
of the
All photographs
purpose of
field office
control
producible,
SecCls:
| See 6-4.e.!|
A written
of identifying a suspect,
I
displays, for the record the purpose
the case made and maintained in
record of photographic
should be
file. Except
the following:
where wholly
impracticable,
should include
! Record of Photographs - A record should be maintained of all photographs shown to any witnesses for the purpose of identifying a suspect. The record should be maintained whether or not
an identification was made.
! Identity
information on
maintained.
of Persons
Depicted - Identifying
in each photograph should be
persons represented
! Marks
marks, scratches,
characteristics on
folds, writings,
the photographs
notable physical
recorded.
! Date, Time, and Location of Display - The date, time, and location of each photographic display should be recorded.
SENSITIVE
11
_ _TT]HlF"FT' "'
H -um . -.i|||i92
nu llHI .
SENSITIVE
, ! Identity of Witness The name and addressof the witness to whom the photographs were displayed shouldbe noted. observed orparticipated in the photo
! Identity
of Agent
The namethe of
Agents who
pertaining to
8! Details
- If the
witness makes a
Cav: SecC1s:
surveillance photographs may beshown singly to, or left with witnesses of, the depicted robbery. Inasmuch as this practice is
suggestive and does not give rise to a likelihood of
misidentification, Section
sought, the guidelines set out in Sections 6-4.1, 6-4.2, 6-4.3, 6-4.4 should be observed. with regard to Section 6 4.2 l!, the
other, unrelated robberies.
! Witnesses of Separate Robbery If robbery surveillance photos are shown witnessesof robbery other than the to a robbery depictedin the photograph, and identification is being an
and other
photographs in spread the should be surveillance photos taken during **EfDte: 08/27/1982 HCR'l #: 0 Div: D9
6-4.7 Release
Cav: SecCls:
assist the news media photographing televising a defendant or in or accused person being held or transported in Federal custody.
SENSITIVE
<
WWW. ,
SENSITIVE
the media photographs of a defendant unless a law enforcement function of a defendant who is a fugitive
proper law enforcement function
Cav: SecC1s:
! and MIOG,
The Juvenile Delinquency Act states that no juvenile who has been arrested shall be photographedunless it is determined to the photo being taken. This prohibition is applicable Agents, the U.S. Marshal's and any local office, facility juvenile is incarcerated on Federal charges. to FBI in which a
13
,_n ._mM.
SENSITIVE
Manl-ID: LHBSAP1
SECTION 7.
Div: D9
Cav: SecC1s:
7.! of an
on the admissibility
accused's incriminating statements are the requirements that they be voluntary; that they be obtained withoutlthe government resortin to
7-2 VOLUNTARINESS
or falsity,
conviction.
is a denial of the
accused's right to
**EfDte: 07/26/1999
7~2.1 Policy
7-2.1.!
! It
indicates that he/she wishes to remain silent or that he/she wishes an attorney, all interrogation must cease at that time. Agents are reminded, however, that certain questions, such as standard booking questions and public safety questions, do not amount to interrogation
advisedof his/her
threats, or is left
rights, an in-custody
suspect
See LHBSA,|Part1,17-4.!
suspect, or
should under no circumstances state or imply that or hostility exists toward such person. If, during
suspect, or subject, questions are raised transpires which gives reasonable
believe that
incident may
be
The
used by someone in an effort to place an Agent or the FBI in an unfavorable light, an electronic communication regarding such questions or incident should be immediately prepared for the SAC.
SAC is responsible for promptly advising FBIHQ and the USA of such questions or incident and FBIHQmust be promptly informed of all
developments.
SENSITIVE
rPage
...... .............
Ml 1|
92|-I .IwlI92Ull..92
SENSITIVE
1
SecCls:
7-2.2 |Factors
! Courts
product of the accused's will or product of coercion, there free a are predictable factors that a court will examine in making its determination. Those factors include the following: a! Notification b! Age,
accused;
under all
determining the voluntariness of an accused's statement. Althoughit is not possible to predict in every case whether court will find, a
the circumstances presented, that
intelligence,
c! Physical
d! Physical
weapons, number of officers
e! f!
!
h! i!
Isolation, incommunicado
Duration of
questioning;
Trickery, ruse,
Advice of Promises of
deception;
J!
k!
! It merely illustrative.
must be kept in mind that the above factors are The presence of any one or more of the factors
to 7-z.2|
HCRT#: 915 Div: D9
OF RIGHTS
SecCls:
Cav:
SecCls:
Printed: O8/Z0/ZOO3
06:43:34
Page 2
'
L "WMWl
IT IHI mT*wImmnm~~
.... ............
HM 1| 92|I:
I:r.I.HJll...
Hllllllllillll
SENSITIVE
provingthat the
confession or admission!
Cav: SecC1s:
the names and official identities of the interviewing nature of the inquiry, and must bewarnedof his/her
forth in
person:
! FBI
policy requires
Section 7-3.3 before such person is interviewed a! Has been arrested and is in
government;
custody, or
custody of a foreign
of action
b! Is
significantly restricted
c! Whether in custody or not, has beenpreviously arrested or otherwise formallycharged and prosecution is pending, whensubJect matter of the the interview concernsthelpending
more that a brief, temporary investigative detention. It is intended to apply in situations where no formal arrest has occurred, but the person is restrained in the freedom of movement to the degree
associated with formal arrest. This circumstance can arise even in
restricted." This
! The above policy requires compliance where the freedom of action of the person questioned is "significantly
the absence of formal arrest when, judging the totality a of circumstances, a reasonable person in the position of the interviewee would believe that custody exists. For example, detention at gunpoint, use of restraining devices or movementan interviewee of
that custody has occurred,thus requiring the warning and waiver. However, Agents lessenthe impact of can these factors and dispel doubt that might exist in the interviewee's regardinghis or her mind
arrest. See
_.. ._.........
um 1|
SENSITIVE
has been previously charged a with crimelby indictment, information or presentment an initial appearance for and is subsequently]
included offense. If, however, the crime charged and offense the under investigation each require proof at of least one additional person charged with a burglary whois subsequentlyreleasedon
offense to burglary.| See ! and !.!
offense when it is
that burglary without first being warned his/her rights and of waiving those rights because murder isnot a closely related
! when the conditions requiring the advice of rights specified inSection 7-3.2 - ! do not exist, the ! interviewing
and the nature of the inquiry.
to advise a person of their names and
official identities
custody andthere mustbe a clear administrative, as opposed to investigative, need for the information requested. ! The warning and waiver of rights is not
required when
public safety exception could also apply to other situations where imminent threat s! to the safety of law enforcementofficers
to neutralize that threat.
questions may asked,even of an in-custodysuspect, withoutfirst be advising the suspectof the warnings contained FormFD-395. This in
! The warning and waiver ofrights is not requiredwhen questions regarding|crimes closely related to charged|offenses are not being asked a by cellmate informant. Theinformant may either an be
inmate placedfor that purpose oran undercover enforcement law See MIOG, Part l,|Section l37.!|
! above.
SecCls:
...... . .........n . HM
u 92|-I
,s|@1||us|,., 92.|I.lll-lllalllll
SENSITIVE
Hanl-ID: LHBSAP1
proper warning
is as
of rights
follows:
and the
YOUR RIGHTS
Before we ask
rights.
You have
the
you in court.
for advice before
to talk
to a lawyer
|the|questioning. I
If you
you before
to have a lawyer
a lawyer,
wish.
one will be
any questioning
If you
present, you
decide to
right to
answer questions
stop answering
have the
what my rights
without
I have read this statement of my rights and understand I are. At this time, I am willing to answer questions
present.
a lawyer
**EffDte: O3/26/2003
MCRT#: 1268Div: D9
Cav: SecC1s:
7-3.4 |Deleted|
**EfDte: 07/26/1999 7-3.5 Right MCRT#: 915 Div: D9 Pay
the warning to
I
Cav: SecC1s:
to Lawyer; Ability to
No attempt should be
made in giving
determine, or
distinguish between,
those who are. The right to counsel includes the right counsel appointed if the accused is unable to pay. **EfDte: 11/10/1988 MCRT#: 0 Div: D9
Cav: SecC1s:
7-4 WAIVER
.!| I
evidence, the
Before a statement
Governmentprove must
that the
suspect fully
SENSITIVE
tm||rW W"
i""
wwmmr" "-
... _
H _um 1 _ms92l||||1
A I
ll
".1 I
11-Hill xltll-Hlhllll
SENSITIVE
and freely decided to answer questions. A suspect who remains silent after receiving warnings has not agreed to be questioned. **EffDte: 10/25/1993 HCR'l #: 159 Div: n9 7-4.1 Policy
Use !
Cav:
SecC1s:
| See 7-3.3.!|
of Form FD 395 - Inasmuch as the
overnment ccused s desirable will
have to meet a "heavy burden" in establishing that an knowingly and intelligently waived his/her rights, it that the subject's acknowled of the warnings and ment
Completion of this form by the suspect provides docume tary proof of both the warning and waiver of rights; consequently, t ewords of the
full warning
be obtained in writing. |TheTFD-395be used this purpose. should is/her waiver for
of the interview.
warning and
the results
an executed
fact tha
D-302 reporting
the accused
rights and
waiver form";
this notation
sh uld appear
shown on
in
accused said
his/her willingness to waive precise quotationif pos also|Appendix, 4-1,|of this manual.!
iRefusal !|
or initially waives but at any all respects other
to sign Pu-395 - If the accus d is willing to will not sign Form FD-395, us the blank
the language in which he/s
e indicated
See !.!
than his/her
si nature. See
ses to waive,
ers and
ible! and
then
to Waive - If the
time thereafter
accused ref
reconsi
his/her right
in all
invokes
immediately terminated. The words and the fact of ref recorded in the blank space on the FD~395, and the for
other respects.
rview must
be
until a significant period elapsed a two~hour period has been held significant!, requests to be interviewed anew. In either case, Agen that the accused is provid ed a "fresh set" of Miranda
|Recontact !|
waiver before
asserts his/her right to remain silent, the right must be honored immediately terminating the interview. | See ! and 7 !.!| Ilnvocation !
invokes his/her right to
further questioning
begins.
If the
accu ed again
gs should ensure
arnings and by
accused d remains ent interview in
of Right to Counsel - If a
counsel, as it, or long as the accus
unless the
present.
Page
.. u
II. Imlallll
xllllllllllllll
SENSITIVE
Additionally, it
shoul
ghts before
be recognized
or creature comforts and general conversation by an ac ch clarifying be viewed as directly indicative of a desire to be int for information should not, by themselves, be used to predicate a seco used should
See !.!|
rviewed and d interview.
for such or the words must be capable of reasonable in that he/she desires to be interviewed. Where the word they should be clarified by the Agents asking if he/sh
a second
direct request
erpretation areambiguous,
wants to not
Jurisdiction -
directly to them, anda second interview will only be the rules set forth in Section 7-4.1| ! and !, supr
interrogation effort by other Agents.
llowed fo1lowed.| The same procedure applies where Agents see where
to question
fan
an
! Request for Legal Representation at a Proceeding-If an accused, during the course of an in or other court proceeding, requests to be represented the charge s! fo
court unless:
accused has
tial appearance
interview of which the
y legal
a! the
IO!
b! the
advised that
accused initiates
or
separate counsel;
critical to|life|and
c! contact d! the
is necessary to acquire
t or
'nformation
States Attorney's Office or other Department of Justic e official on extenuating circumstances such as defense counsel's involvement in
based
in a
hearing nay, however, be interviewed concernin 8 other nchar uf offenses. If the accused is in custody, the intervie
SENSITIVE
ed 8
H-.. .-.........92.
um 1|
HI . I92:LI92Ull... Ll-llillLl||lU
Hanl-ID: LHBSAP1 HANDBOOK LEGAL FOR SPECIAL AGENTS T 1 PAR and waiver of MirandaSee, rights. Section 7-4.1 !
SENSITIVE
"| *>-I I
to
FD-395 not us d, is
can be
esthe of
hough the oral
they must
e government's
the interview report mustclearly indicate that the st given freely and voluntarily by the witness.
each instance
was
tement
Matters
and the Fair Housing of Act 1968 Discriminationin Ho sing!. u However,the warningshouldalwaysbe given and the wa iver obtained Act of
1964
in
involved.
Arrest; Informant s -
The
arrest
on
To b!
2!
i /or FD-34Gb! unsigned!befiled thell-A must in envelopeT an signed of FD-340 or the case file.
Filing of FD-395 The ori inal FD-39
Cav:
ATTORNEY
SecCls:
SENSITIVE
Page
1 1 1|
! During course aninvestigation the USA or the of if an AUSAdesires interview subject, if a subjec to a or request to see and talk to the USA or his/her assistan , makeslal notparticipate such in interviews unless specifically Agents should requested to do
Division Counse1.|
or
Chief
should be presentwhen takesplace, in order to avoid not it being disadvantaged shouldthe Agent-be later called to test1.fy regarding
the interview. MAOP, See Part 2, 10-13.3.!
refrain from
onFD-302. an '
and
SecC1s:
D9
Cav:
Cav:
1 Part
SecC1s:
I,
with a witness,suspect,or subgect. When more than o present during an interviewunderoath anda sworn,si ned
out in the document reporting the results of the inter
Biblebe used administering in oaths in conducting or ny is not taken,the name the Agent of administering the Div: D9
to administer
oaths
0 nly
in cases attempted
should a
interviews e Agent is
**EffDte:03/16/1987 HCRT#: 0
7-7 IDELETEDI
Cav:
Cav:
SecC1s:
by the SAC,
10-10.10.!
Part 2
Section
Printed: 08/20/2003
06:43:34
Page
IW*ImI mTTwImmnm'"
_n|e> 1I<|92lH|> |
HM n ,1
SENSITIVE
of custody.
interviews, Agents required comply HIOG, rt 2, Section are to with P 10-10 Consensual Monitoring! Sections 9.8, and l0 10.8.1, and 10-9.8.2regarding preservation originaltaperecorings and chain of
! When electronicallyrecording confess one
a! Confessions made during custodia
of
Hhen !
or
witness
observed:
may recorded be electronicallywhen suchrecording pproved by the is interrogation SAC, his or her designee. If approved the SAC, r his or her or by
question and answersegment designed demonstrate to th statementsare voluntary andnot the product of coerci
b! When recording confession, recording a the should includean adviceandwaiverof Miranda rights, as well as
t the subject's n.
c! The subject may providea comple is confession in his or her own words. Alternatively, the FBI mayobta n a confession using a question answer and format if necessary, ucted through a cond
translator!.
approved by
Section10-10.10.! If a
d! Statementsbe may recordedsurre titiously if the SAC,or his or her designee. See HIO , Part 2,
subject's objection shouldbe made part of the interro ation log and
the the CDC or the
of
appropriate OGC attorney. In accordancewith the Atto ney General procedures for consensualmonitoring, concurrence of t e U.S.
also be
e! If the interviewing Agent electr the whole custodial interrogation session, he or she m y determine that a subsequent signedstatementis not required. ee 7-12.1.!
gnically records
f! Discussions that maytranspire b Itween interviewee and his or her attorney shouldnot be reco dQde the
and the original g! The recordings must not be edite d or altered, tapes must be sealed in an FD~504aor Fn 504b Chain
a manner as
of Custody ELSUR Evidence Envelope! and stored in su ch to ensure the chain of custody.|
Cav:
SecCls:
Page 10
TTIIIIWT
Wj~ A
11 an
SENSITIVE
Cav: SecC1gg
7-8.2 |Deleted|
**EffDte: 07/26/1999 MCRT#: 915 D9 Div:
7-9 INTERVIEW
|
Cav: SecCls:
!.! LOGS See Part 1, 5.1 HIOG, 263
sc1|=
following cases:
required;
in the
! On
even though
premises
! When
Professional Responsibility
Section 13 6!.|
Cav: SecC1s:
of the appropriate
D9 Cav:
SecCls:
whenappli able,
but not
! Identity
! The place
SENSITIVE
Page 11
.. _.
H1lI1 .-M1111
11 1|
SENSITIVE
!
! ! 8! 9!
The place
of arrest
arrest
was informed
of his/her
suspect.
rights unless
indicated on
ng subject or I
indicated on
FD-395! 1! 2! 3! 4! 5! 6!
Time interview
of statement
commenc d e statemen
U
reviewed
stat
ment
statement signed
7! A record of requests and complaints o subject and the action taken thereon; such as, the time a subject rsuspect requests permission to call an attorney, the time he/s e made a call
to his/her
or suspect
illness, the
ined of
the time
and the
details as
advised of
to
have
1,
statements recorded.
**EffDte: 03/26/2003
7-10 INTERPRETERS
HCRT#: 1268Div: D9
Cav:
SecC1s:
**EffDte: 04/28/1978
1 7-10.1 When
MCRT#: 0
Div: D9
Cav:
SecC1s:
to Use
SENSITIVE
Printed: 08/20/2003
06:43:34
Page 12%
.. _
H -...
.-mini,
41 n 92|_1
i nm dllli MICJIIIIHIIJLI
SENSITIVE
Use of an
interpreter should
be considered
interview with
either
a subject
or witness
when there
for an
language and
twitness
may
SecC1s:
**EffDte: 04/28/1978
7-10.2 Qualifications
HCRT#: 0
Div: n9
Cav:
best available;
are also principal,
interview.
his function
person interviewed.
important inasmuch as he may be called to the trial as or only, witness to what the interviewee sa id during
should be
1 right
of the
the
the
conduct the
**EffDte: 04/28/1978
7'11 PLEA
MCRT#: 0
Div: D9
Cav:
SecC1s:
BARGAINING
FBI personnel
since such negotiations are Agent personnel involved
on the merits of an agreement proposed by the USA as w ll as an opinion as to whether further investigation would like y strengthen
case under consideration.
participate in pl a bargaining, functions of the USA's 'ce.The Off SAC or may furnish facts to the USA Office bearing
a
should not
**EDte: 04/28/1978
7'12 PREPARATION
1O"13.!
HCRT#: 0
Div: D9 Cav:
II,
SecC1s:
**EffDte: 04/28/1978
7-12.1 In General
MCRT#: 0
Div: D9 Cav:
SecC1s:
Where possible,
written statements
should
be taken
in all
interrogation session.
confessions should
Printed: 08/20/2003
be prepared in the
06:43:34
first person
SENSITIVE
.!| Written
of
Page 13
' "TTl1llTT{'
'Im'm|W
--
H -is, 1 mun, -
no ll92l_,|
SENSITIVE
Manl-ID: LHBSAP1
the defendant.
Hhere individuals
giving signed
stateu
the statement,
where possible,
in their native language. Agents should not use any l indicating to the subject thatlhis/her|statement may b "for"|him/her|in court.
**EffDte: 07/26/1999
7-12.2 Joint
Cav:
SecCls:
Statements
Joint statements
are not
permissible. An
i ndividual
statement is
to be taken for
HCRT#: 0
each subject
Div: D9
or suspect.
Cav:
SecC1s:
**EfDte: 04/28/1978
7 l2.3 Contents
t e identity
of
the interviewing Agents and the nature of the inquiry in the first sentence of a signed statement, or if no taken, in the opening paragraph of the FD 302 reportin
the interview. The date and place be shown, and all relevant details where the statement of the offense shou
d be
developed,
evidence. The which may be corroborated by othe be prepared in a logical manner. A c ronological and events is often a useful a
the facts
proach.|
SecCls:
Div: D9
Cav:
The statement may be typewritten or in the or the interrogating Agent. The statement pencil. HCRT#: 0 Div: D9 Cav:
handwriting of
is not to be
**EfDte: 04/28/1978
7 12.5 Review
SecCls:
any person
read. Under
other than
be given
certain circumstances,
desirable as
o|him/her to|
read
well to
the entire
statement to
the subject.
wherejhe/she|has impaired v
For example,
where the
sion, the
subject
Printed: O8/20/2003
06:43:34
Page 14
-7 I SENSITIVE
Hanl-ID: LHBSAP1
separate page of
by
cw:
SecCls:
If the subject desires the statement chang in any part, ed he should be requested to make such changes in his own handwriting or
his initials opposite each correction. These to the period during which the statement is
instructions
statement, or in any
and correct,
it mus
ot h er manner
must be back to
being prepared.
made the
be changed
the subject
first.
signed statement
not thereafter
SecC1s:
D9 Cav:
adopts it
as is own
s making
even
handwriting jus
read the
signed
above the
thought is Div: D9
acceptable Cav:
oregoing Similar
SecC1s:
not sign
the statement
he read it or
it or
witness.
that it was
Agent and
on the
, the fact that
admitted the
be written
by
another
D9 Cav:
SecCls:
interrogating Agents,
or if
only one
Agent is present,
SENSITIVE
Printed: 08/20/2003
06:43:34
Page 15
so 9 mum 'HIT"ITml'm|rrwrIn||m|1r ~
AI
I-Mlilkllll
SENSITIVE
Hanl-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PAR be signed in the presence of a witness or witnesses in
Agent to whom the statement was made.
addition
to
the
and no
If
accompanying Agent's the report. A itness to a signe statement w or confession should sign his full name, together with hi title, or if
**EffDte: 04/28/1978
7-12.10
HCRT#: O
Div: D9
Cav:
SecCls:
referred
attorneys. If any such personrequests copy after t a formally referred to the USA, the personrequesting th
to the USA. A case will be considered formal
e case
copy
should be
the USAwhenfacts are presented to him and he indicat formal referral, it should be furnished. If the defen prospective defendant, or witness interviewed after fo taken and the copy
is re
y referred s the
uested
prior
to
confession should be
ant, mal referral confessionor signed statementonly u on the copy will be given to him, the statemnt or ntrary.
**EffDte: 04/28/1978
7-12.11
MCRT#: 0
Preservation
Div: D9
Cav:
SecCls:
and the FD-395 or other original record of warningand waiver rights shouldnot be mutilated by punch marks, block s amps,
retained and preserved in their
in an accumulation a large number statements, 3 of of ne essitating their retention in a place other than the|lA envelope, the statements should retained as|lC material FD-192A!. Statemen are an be s
integral part of the investigative case file and must
at
of
or file
riginal
Jot be
destroyed
Cav:
SecCls:
7-12.12
Delivery to U.S.
A statement
Attorney
should be
SENSITIVE
or confession
delive red
the
time
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16
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HIJIIJMIIM
SENSITIVE
Hanl-ID:
LHBSAP1 LEGAL
of trial
requested
to the USA
or prior
having jurisdiction
to trial
aution when
the Government Uhe defendant. SecC1s:
04/28/1978 MCRT#: 0
Statements of
Div: 09
Cav:
Witnesses
Generally,
apply
to statements
with regard to
Div: D9
the warning a
Cav:
situations, HCRT#: 0
3dwaiver I -40
SecC1s:
received
registered when transmitted by mail. This rule applie FD-395 or other original record of any warning and wai er of rights.
All signed or unsigned! statements, inclu from lUbJQCtl, suspects, and witnesses, are t
ing those
be handled in be sent also to Form
**EffDte:
7-12.15
Div: D9
Cav:
SecC1s:
When preparing signed statements which are oath administered by an Agent see Section 7-6!, the s should open with the following preamble: "I, name!, sworn, hereby make the following free and voluntary st continuing with the usual phraseology regarding the of of the Agent or Agents, and the nature of the inquiry. signature of the person giving the statement should ap following: "Sworn to and subscribed before me on dat This will be followed by the signature of the Agent a Federal Bureau of Investigation." The signature of th witnesses should then appear below the signature of th
administering the oath. The official title
eing duly
tement," etc.,
icial character After the ear the
! at
place!."
the
or
designation,
if
no
title,|his/herladdress,
**EffDte: 06/29/1981
shouldfol1ow|his/her|signatur
Div: D9 Cav:
SecC1s:
HCRT#: O
7-12.16
Page
17
TTIIIWTYM"
* " i
"WIN
- 1 1|
92|-~4 In us: vl
92|Ill|14l192|lllH
SENSITIVE
shall be preparedin
betwee
admissions of
case involving
more
confessor; g Agents
full details. he confessor refuses to
in and
introductory statement showing identity of interviewi nature of the inquiry! and the opening paragraph of th
which relate solely to his/herlguilt. If the confesso
evidence without
take the witness stand at a subsequentljoint trial, on y that of the statement|that|incriminates the coniessor would be offered
prejudice to any rights of the
joint trial
portion
in
or
furnished by the confessor, and the other containing o of the confessor which relate solely to his/her guilt. **EffDte: 01/30/1997 MCRT#: 583 Div: D9 Cav:
separate theoffense as
ly admissions
SecCls:
In any interview of a subject, suspect, or preparation of an FD-302 is required, that is, where t
the interview retained in is required may become the subject of court testimon rete custo
witness, where
e results of
, the ng are
original to be
Div: D9
Cav:
be no doubt concerning
Agents must advise the the
organization with which they are connected. In additi interviewing persons in the custody of other authoriti
It is
s, for
of the arrant is
whom a
offense
the offense
sufficient.|
**EffDte: 07/26/1999 MCRT#: 915 Div: D9 Cav:
the charges
in
SecC1s:
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'
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H I ll
ll. SENSITIVE
II92llll
92||lllH|Ll||I
Hanl-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PAR Sections 7, 23 4.4, and 23-8.2 9!.! by Agents while in
American Federal law as fully as possible. Before con interview with a foreign police officer present, the A
warning should
Persons interviewed
in
given. If
determine from
subject there, the Agent should request the officer to warning as required by the law of his/her country. Th
statement for FBI purposes only, the Agent should writ
objects, feeling
be
law
officer the of
ution of this warning, and the time andcircumstances of gi give the the should be recorded. If the Agent is later allowed to e wording
standard FBI
warning.
ging of it,
ake a written in it the SecCls
Cav:
that will not unnecessarily delay their appearance bef re a U.S. Magistrate see Section 3-5, Prompt Appearance Before **EffDte: 03/16/1987 HCRT#: 0 Div: D9 Cav:
Interviews with
gagistrate!.
SecCls SecC1s
e in
a manner
7-17 [uovsn
T0 7-14]
**EffDte: 07/26/1999 HCRT#: 915Div: D9 Cav: |7-18] arnovst or PRISONER FROM cusronv u.s. or
of a prisoner
to the
HARSHAL
and a certification
for interviews
! Removal
ity of awaiting trial cannot properly or conveniently be inte viewed at the SAC, the place of detention, that the public interest requires temporary
awaiting trial be brought from the place of confinemenrisoner of the FBI in the sane city. In such case, the prison returned to the place of detention within twenty-four to the office only when absolutely necessary and every precaution sh
safeguarding such prisoners interviewed i
SENSITIVE be ours d be conducted uld be field office
removal therefrom,
and a request
in writing
that such
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Page
19
- .-rT]nmFTT--
W -1,TWm]m_TIWmTr lWWTl'
1 Al
92|-A4 H MIA ll
lhnnlulnu
Hanl-ID: LHBSAPI
sznslrrvn
U.S. Marshal
to reenact
or to
etc., prior FBIHQ authority is necessary the U.S. Marshal's Office for release of
**EffDte: 06/29/1981 7-19 PRESENCE
2, Section
% office a field
of
SecCls:
HCRT#: 0
Div: D9
MIOG, Part
! In criminal investigation
viewed in
a an
nd witnesses!
resence of re discussed
is accompanied by an attorney or aide or requests the attorney or aide, the interview may be conducted, prov possible, the case is reviewed and potential problems
dedlthat, when
or aide
ehoul be designated
an a torney
! In
security-type case,
the event
whether is anticipated
an individual
a subject
being inte
re or
be
or otherwise,
viewed in uests
that his/her
continued.
present during Agents when it
attorney or
when it
the interview, is logical
intervie
may be
ide will be
onducted by f planned
two
interviews, the
safety or
to be
and option
e a
f deciding
ch case
when
should
two Agents should handle the interview. Judgment in be based on logical grounds, and considerations such
security and
account.
an Agent's
are
for harassment
of an Agent,
taken into
! In
all instances,
however, including
to ecce whethe Cav:
with security ramifications, it is permissible information being volunteered by an individual, presence of his/her attorney or not. **EffDte: 07/26/1999 HCRT#: 915 Div: D9
Et any
in the
'nvestigations
SecCls:
|7-2o| rnnssucs
or STENOGRAPHERS
are to
by subjects
No interviews
stenographers employed
be conducted
without prior
in the
presence of
**EffDte: 06/29/1981
HCRT#: 0
Div: D9
Cav:
SecCls:
|7 21| EVIDENCE
Printed: 08/20/2003
06:43:34
"Page 20
iT1HlT FF'
H1l 92lxlxlllll 1
uni ll
SENSITIVE
xlll
Ix LI llll
lllllllllllil
s a result
for
**EDte: 06/29/1981
|7-22|
HCRT#: 0
Div: D9
Cav:
SecCls:
MARSHAL
ated
In subject is incarce eitherall or inarraignmentorsubect priorcases the courseFBI anplea, ot makes to during which an ofand ifthe after it knownto an Agent interview
j *dge
erwise
or to see
violations.
of the individuals of previouscrimesof a type similar t currently being investigated, possibly to solve previousl Div: D9 Cav:
should given be to
rnorzcrxncIDENTITY INFORHANTS or
In the interrogation of subjects and suspects o investigations, Agents should be most meticulous not to d directly or indirectly confidential informants or confide enable a subgect to identify the source of FBI informatio
FBI
**EffDte: 06/29/1981 7 2s
**EfDte:
'sclose tialsources
es may SecC1s:
Cav:
SecCls:
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92 m
In. 1 |em,||un
ml ll HI
,I~lHMlll~-j .l|_MHM|lNJ
SENSITIVE
Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1
7*26 REQUEST
TO USE
TELEPHONE
If, during
an interview
with
a subject,
susp ct, or
person
under arrest,
prior to an
appearance before
a U.S.
Magis
rate, U.S.
District Court judge, or other committing magistrate, su requests permission to telephone an attorney, relative, involves
custody of
requestishould be granted unless there is reason to beli call would jeopardize a continuing investigation.| Where
a toll call or long distance
may allow the call
h person rfriend,
ve that ho has the
the
the request if
charge, the
to be
Agent
the person
made at F I expense
Judgment the call is Justified. The appearan e of a person before a U.S. Magistrate, U.S. District Cou t judge, or for the magistrate should not be delayed solely permitting such person to confer with an attorney, friends, MCRT#: 915 Div: D9 Cav:
**EffDte: O7/26/1999
SecCls:
7-27 LEGAL
made to
deliberately make known their legal training. attorney is questioned regarding his/her legal
a position
what plea subject make arraignment. the will on If aUS: make should
such a request, he/she should be informed of FBI instruc Cav:
ions.
**EfDte: 07/26/1999
HCRT#: 91$
Div: D9
SecCls:
|7-zsl ADVICE
or cusses;
LOCAL cusronv
a subject, or interview Agents have the duty of of a in ubject in orming the no necessary
custody of
subject of
explain the
of the
the offense
nature of
charged in
the charges
in the
the warrant.
in detail
It is
greater than
instructions
to
the language
do not alter trict Courts who indicate
offense named
warrant. These
instructions regarding
cooperation with
USAs and
U.S. Di
in obtaining statements
a desire to be
from subjects
brought before the court for
in noncapital
case
the purpose
f waiving
riminal
grand jury indictment under Rule 7 b!. Federal Rules of Procedure FRCP!, or where a subject desires to plead gu
contendere, under Rule waive venue, 20, FRCP. and be sentenced in the distric
lty or
of arrest
nolo
SENSITIVE
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22
_...
_.. .
92|-.|92192wuH9292lIl - 92 .||-nulwnu
SENSITIVE
Mani-ID:
**EffDte:
06/29/1981 HCRT#:O
D1v: D9
SENSITIVE
Gav:
SecC1::
Printed:*0s/20/2003 06:43:34
Page 23
'mmr1r"
11 II
HI IMI
llll 92|-ll-illhllllll
SENSITIVE
responsible for criminal conduct. The value of informant is particularly high in investigations of so called "victiml Es: where complaining witnesses are rare, or in situations in which
eyewitnesses are unavailable.
work covertly, the government also may employ some r guile misrepresentation when attempting toinvestigate and hend appr
officers in the task of enforcing the criminal law has be n recognized and approved by the courts for centuries. Because crimin ls usually
those
crimes"
the
activities. In
identities is
samelegal restrictions that govern the conduct of Special Agents. follows that if the informant's contemplated action would be illegal or unconstitutional if performed by a Special Agent, it i salso impermissible if performed by the informant. The materiawhich l
discussion of the law r lating to
nts'
! Although informants are private individu ls in sense that they are not commissionedrepresentatives of t C.
of informants and confidential sources. These rules, whi h can found MIOG, PartI, Section 137, in set out FBI policy re arding
informants and participate in
be notified of
the material
! It is noted that this section does not i clude any of contained in the Attorney General's Guidelin FBI use s on
be
governing when
confidential sources.
legal privilege or confidentiality may beused, when an be permitted to infiltrate an organization, and the circ
payment to an informant.
an informant
an informant
ions
ant may
administrative
rules rel
ting to
the
----1
_ll- 1 _929292|l|ll
-1
n 11-
II 1I92L|l| 92|Iuum|||u
SENSITIVE
Hanl-ID: LHBSAP1
When an FBI informant provides information co cerning planned criminal activity which is not within the investi ative jurisdiction of the FBI, the FBI should advise the law en orcement agency having investigative jurisdiction. If the circums ances are such that it is inadvisable to have the informant report irectly to the agency having investigative jurisdiction, the FBI, in cooperation with that agency, may continue to operate the informant.
**EffDte: 05/01/1985
8-3 LEGAL
MCRT#: 0
Div: D9
Cav:
SecCls
e Q
LIMITATIONS
MCRT#: 0 to Premises
Div: D9
Cav: SecCls:
by an
in formant into
premises prote
had no
if
the informant
autho
taint any
mises. Conversely, if an gt
thing observed or overhear
by the though the invit
formant tion is is
obtained after misrepresenting his/her identity and purpo se, the ct that courts uniformly consider his/ the not vitiat entry is gained by use of a pl oy or ruse does suspect's permissionto enter. of a information developed by the informant, whether in the f statement made by the suspect, or a physical item observ d by the
informant, is
lawfully developed
either to establish probable cause for the issuance as an element of proof at a criminal trial. **EffDte: 11/10/1988
8-3.2 Search
aavernment
arrant, or SecCls:
HCRT#: 0
and Seizure
Div: D9
As noted
earlier, informants
are considered
gents of
the
ct to the law enforcement officers for whom they work and are subj same exclusionary rules imposed on the officers or agent who direct them. Thus any evidence obtained or observed by the info mant while be conducting an unreasonable search and seizure will likely inadmissible in a criminal prosecution against the party aggrieved by the search. For a discussion of the general rules govern ing searches
and seizures,
see Section
5, Search
and Seizure.
**EffDte: 11/10/1988
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MCRT#:0 Div:
D9 Cav:
SENSITIVE
SecCls:
W Page
WW*
Alim ll V
_ IT"IWIWWT'MImmMW
1 1| 92l_|
92I|wuI.92llll< hltillilhlll
I SENSITIVE
8-3.3 Contact
! The
with Suspects
use of informants
in the
|
to contact individuals
unwary suspect
volunteer details of
his/her criminal conduct. This information may be valuable as lead material, or may be offered as evidence of guilt either through the testimony of the informer himself/herself, or possibly an Agent who monitored the conversation with a listening device.
! There are, however, several limitations on the use of an informer under these circumstances. These limitations are derived from constitutional and ethical considerations, as well as court-
imposed restrictions.
summary of the law in this
The following
evidence of guilt.
material is
intended as a general
obt ined
a criminal
area. Guidance
should be
! For
been charged,
purposes of organization,
named as a defendant
the discussion
in a law
of this
arrested,
proceeding and
those in
which the
suspect has
proceeding.|
**EffDte: 01/30/1997
8-3.3.1 Suspect
not|Charged, Arrested
or Named as a endant De
As long
as the suspect is
speaking
will be admissible
named as a defendant
by counsel,
in a law
enforcement proceeding
is epresented
ust be
the restrictions
contained in
Section 8-3.4
observed.|
**EEDte: 01/30/1997 HCRT#: 583 Div: D9 Cav: SecCls:
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as
WIWHF
bl I
SENSITIVE
ll
ll ml:
WIMJIAJIIM
Manl-ID: LHBSAP1
! Informant
Offenses
a! After
E requested
rmation the of a
information is
necessary to
b! If the suspect is in custody, the use cellmate informant to act only as a listening post and re
unsolicited or cellmate informant statements, the spontaneous statements did not designed use of the suspect does
in proving
with the
of a
suspect to
cellmate informant
must receive
the prior
approval of
Contact Regarding
a! If
the suspect is
not represented by
the uncharged, unrelated offenses, it is permissible for to engage the suspect in conversation and elicit incrimin remarks regarding the uncharged, unrelated offense whethe suspect is in custody or not. The contact will not viola or policy.
ting the
e the law sel on the
b! If
uncharged, unrelated
Section 8-3.4.
the suspect is
offenses, the
represented by
informant contact
coun
must comply with
**EffDte: 01/11./2002
8-3.3.3 Hired
Cav:
SecCls
Informants
! The
applicable to transmitter or
wired informants
does not violate Title
restrictions discussed
to record
III of
in|8-3.3.2|are
conversations with
Crime Control
informants who are equipped with a conceale recording device. The courts have held th
or transmit
the Omnibus
E radio
tthe use of
lso
suspects
and Safe
of 1968, or the Fourth Amendment. Thus prior unnecessary. Agents contemplating their use
II, 10-10.3.
judicial
should see
! Special
informant records
Agents should
with an
understand that
individual who
if
l
a wired
a conversation
a criminal
to obtain
defendant, the
the recording.
rules of
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ll MIA
IIQA umu M
Hanl-ID: LHBSAP1
LEGAL HANDBOOK
**EffDte: 01/30/1997
HCRT#: 583
Div: D9
Cav:
SecCls
8-3.4 Intrusion
into Attorney-Client
Relationship
Sections 8-3.3.1
be observed:
ions must
under
! |The
regarding lawful
:unsel;|
tion
! |The
suspect or otherwise seek to induce the person to forego representation or to disregard the advice of the suspect
! |The
disrupt the
relationship between
! [The
in lawful
meetings or communications between the suspect and his/he unless requested to do so by the suspect, the attorney, o person affiliated with the defense and when reasonably ne the safety of an individual or the confidentiality of an meetings, any information regarding lawful defense preparation imparted to the informant shall not be
attorneys for the government or to law enforcement
attorney another
trial
strate commun or in
undercover
agents
y or
in the
pending criminal
in any
other way
to
details he/she
location
of evidence,
lans, e attorney
Cav:
SecCls
! Entrapment
Government mind an of
its the
gress victed where .If the
otherwise innocent
alleged crime. In enacting Federal criminal statutes, Co intended that otherwise innocent persons should not be co they were enticed by the Government into violating the l
SENSITIVE
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, _.,. . _.,.,....,,
- .|-.
I|||ll92u|i.. . 92-||-mmunu
SENSITIVE
Maul-ID: LHBSAP1
evidence in a case establishes that the defendant was pred isposed to commit the offense, however, the defense of entrapment wil lbe
defeated.
tablished
types of
ally permit
as it
to the
or ime for
currently charged:
b! Prior
c! Preoffense
defendant is the offense
Agents.
criminal activity.
d! Postoffense
defendant is
attempts to
criminal activity.
A few
charged with
sell another
selling cocaine.
controlled substance
to undercove
and unhesitating
a crime is substantial
acceptance of
rnment's
he/sh e was
predisposed to do so.|
**EffDte: 05/01/1985
8-3.6 Governmental It should
Federal courts,
HCRT#: 0
Div: D9
Cav:
SecCls:
t est used
ctivity does
to commit
in
governmental involvement
Entrapment lies
crime he/she
is indisposed
to commit.
**EffDte: 05/01/1985
8-3.6.1 The
HCRT#: O Div:
Defense
rapment. to commit a
SecCls:
Due Process
! It
is clear
that proof
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Page 6
WWW
.. _
1 ll
92I
SENSITIVE
HANDBOOK SPECIAL FOR AGENTS PART1 to commit a crime will bar application
when
f the H u Hill 92 IKMHIM-llll
of informants or agents was outrageous. This differs fro entrapment defense in that the conduct of the Government,
the predisposition
available.
courts
involvement in criminal activity is permissible. But whe rnment involvement is outrageous, and offends common concepts of the
are prepared ! to dismiss the charges on Due Process offends Whether an informant's conduct
if
the de
Gov
offend the Due Process standard. Neverthe its very nature, lends itself to a Due Proce
deciding whether an informant : conduct violates Due Proc whether the informant, by himself/herself or with Governm
an ong
or controlled
activities criminals
enterprise technical existence
of the criminal enterprise or merely took orde involved; and whether the informant supplied th
with a substantial amount of essential resourc expertise to enable them to commit the offense. of any one of the above factors in a case would
necessarily
result
in a court finding
nt ingcriminal
he criminal s from the criminal s and The
**EffDte:
8-4
O5/01/1985 HCRT#:O
Div: D9
Cav:
SecC1s:
! Courts have long recognized the necessit y of concealing the identities of informants. This concept is known informant privilege. The rationale for the privilege is wofold:
ensure a flow under certain of information conditions it about illegal acts to law en in favor
orcement
as
the to
officers; and to protect informants from physical harm. Government's privilege of nondisclosure is not absolute,
must be relinquished
the defense of the informant's identity. Agents whose in duties require use of informants can expect frequent moti of informing
defense asking the courts for disclosure orders. Discuss estigative the factors commonly considered in connection with such m ns by the
d below tions. ed a fixed st. The criminal
he owevsr, and
are
! For the most part, the courts have rejec rule with respect to disclosure in favor of balancing a t
public interest in protecting a flow of information
SENSITIVE
about
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if
Page
A ll
SENSITIVE
Hanl-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PART 1 conduct must be balanced
made.
motions are
his/her defense. Diverse holdings often result. Neverthless, some guidance canbe gained by examining the settings in which disclosure **EffDte: O5/01/1985MCRT#: O Div: D9 Cav:
SecCls:
prepare
8-4.1 Pretrial
Often
Hearings
a defense motion for disclosure is made
for the
purpose of attacking, on Fourth Amendment grounds, Go ernment s the case at pretrial stage, a such as a preliminary examinati n or defense mayhope to use the informant as a witness,
arrest. The suppression hearing. In discovering the informant :
and e tablish
requirement for disclosure when the sole issue is probabl cause. Thus, most courts deny defense motions made for that purp se. Because hearsay is admissible on the issue of probable cause Age ts can informant information may be used in complaints divulging the identity of the source, militates
disclosure.
testify to what the informant said!, it is unnecessary to require disclosure for a probable cause hearing. Additionally, t efact
that
Div: D9
SecCls:
At trial, the issue is guilt or innocence, no cause, and thus different considerations bear on the ques disclosure. As a general rule, if the court determines t motion. Again, the courts weigh the defendant's need to
probable ion of
disclosure would be relevant and helpful to the defense, at to a fair determination of the case, it will grant the de r essential
endant's repare
Among them are the informant's role the case, the avai rving its in ation. other witnesses, the substance of the informant : testimo
as a the theory of the defense.
iability of y, if called
SecCls:
Div: D9
Cav:
an informant :
! Generally the courts will not require di activities were limited to being witness a
SENSITIVE
sclosure if to a
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"TWWTW
-~--~~ i
s -us. 1 Immnw 92
92| ll M
92|-illilblllil
Manl-ID:
criminal
transaction.
if
other e
in the
are available and there is no substantial conflict Informants should be alerted to note the identities of if they are present during a criminal act.
ot her witnesses
Er testimony.
ewitnesses
participates
full participant in the criminal act, and those in which e/she was involved only in the preliminary stages of the case. For example, if an informant's role was limited to simply introducing Gov agents to potential defendants, and setting the stage for criminal transactions, disclosure frequently is denied, e
the informant did not actually witness the criminal trans
ernment subsequent
to an
! But when an informant is an actual party illegal act, disclosure is more likely. Some courts req disclosure on demand by the defense! when an informant
participant. But others inquire into the details of the
Epecially if ction.
possible
below.!
: sre automatic a
informant's tion 8-4.2.2
**EffDte: 8 4.2.2
SecCls:
Testimony
is appropri
te,
some the
courts require the defendant to make a factual showing t at an to informant : possible testimony would be relevant and hel ful
defense. In making this determination, trial judges oft n conduct in If it camera in chambers! examinations of informants or their files. is determined that an informant's possible testimony woul d be of no
value
to an accused,
the motion
for
disclosure
is
usuall
> denied.
to
will
05/01/1985
Div: D9
helpful
The court
The fact that an informant's knowledge of to the accused does not mean disclosure will
must determine if the informant's information
a be
rims might
be
utomatic. ill he of
For
assistance
misidentification
defense.
might be of little
or no value to an e t rapment
SENSITIVE
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_I|
it
TNWTIM
T H IWIWWT"MI M F
_. _ H
.-.... . -....|..... 1
ll
92I
ll H Ull
92l| ilMhlIllJ
SENSITIVE
Hanl-ID:
i
SecCls:
**EffDte:
8-4.3
D9
Cav:
Governing Disclosure
!
effective
December 4,
forth
procedures to be followed
in response to a demandf
cri
civil proceedings in either state or Federal court, and a to cases in which the United States is not a party to the
e pertinent litigation
guided by the regulations set forth in the Order. Refer which would II, Section 6-1 et seq. However, pursuant to 28 C.F.R. 1 hould be disclosure of information which would identify an informs o MIOG, Part
of an informant, Agents
Order 919-80 and request a stay of the demand pending rec eived, requested instructions. If the court refuses to stay the rules that the demand must be complied with irrespective
trial
departmental instructions,
has been made shall, if directed by the responsible Depar demand official, respectfully decline to comply with the demand. f
**EffDte:
8-4.4
O5/01/1985 HCRT#:0
when the Informant
Div: D9
Testifies
Cav:
the demand
ment SecCls:
case or the lack of other proof, the Government may choos informant as a trial witness. If it does, s defendant's cross-examination requires that the informant-witness tes
however. If the prosecution can show that physical harm t ight to informant or his/her family might result if the informant 1 ify using and address are divulged, the trial judge has authority t O informant to testify without divulging identifying data.
tance of a to use an
! must be offered.
the informant identified himself/herself on the witness st s true sufficient to invoke this exception. A factual basis for permit
name
the
received by the informant or other individuals associated defendant. Agents should record, either in the informant
Printed: O8/20/2003
06:43:34
Page 10
LEGAL HANDBOOK
the lubltantive
case file,
the details
of any
threats re
eived by
the
crime under
**EfDte: 05/01/1985
SecCls:
Pr1nted: 08/20/2O037O6:3f4
Page I11
TTIlI1TTT"""
I TWIN
_ U
-is, . nms,ll|l9292
1| 92|-
In ll
Ill llhumuu
Manl-ID: LHBSAP1
LEGAL HANDBOOK
SECTION 9-
CIVIL AND
CRIMINAL LIABILITY
**EffDte: 05/28/1980
MCRT#: 0
Div: D9
Cav:
SecCls:
9-1 IN
197.!
It is
the potential
employees may
section to advisel
that
civil liabilit to be
civil and
generate. The
their act
yst h
responsibilities for
representation, and
paying money
the rules
damages, the
avail
followe
civil|or criminal|action
**EffDte: 07/26/1999
is initiated
MCRT#: 915 Div:
abili d in
b
9'2 CLAIMS
AGAINST THE
GOVERNMENT
ents|of
'ons asFBI
**EfDte: 05/30/1991
9-2.1 Federal
MCRT#: 0
Tort Claims
Div: D9
Act
Cav
y of
the event elow. SecC1s:
legal
a
! Pursuant
to the
Federal
Tort Claims
O
f prosecution or abuse of|process. The|FTCA isthe exl a11|such|common law claims which arise from tort act t
by employees e.g., claims resulting within the scope o from the al
against the|United
States|for certain
negligent or in
SecCls:
operation of an automobile, or those alleging the assault, battery, false arrest, false imprisonment,
in
Act
tent
iO l
by|federa1|employees within the scope of their
requirement of
be submitted federal district
taken
employment. It is a
a for cl aimsl
administrative claim
to the initiation of appropriate, these
settled by
DOJ!. Justice 1, See Manual of Part Section 120.! MIOG!, ! when a claim is
eitherlthe FBI|or
the Civil
Division of thcivi
OI18
Investigative Operati
compensation 1 action in
may be|
made or a suit
based on whose acts
file
the government is responsible for any|judgment|or se A|judgment in an action brought under the FTCA a d is
any action against the by the same plaintiff, government employee the same gave rise
ttle
**EffDte: 07/26/1999
hCRT#: 915
Div: D9
Cav
9-2.1.1 Automobile
Accidents SENSITIVE
Printed: 08/20/2003
06:43:34
Page
exclusive remedy
of a motor
for claims
vehicle if
a ising from
t e employee ion of scope
applying the
accident occurred
dete mined by
an employee :
reimbursement from|the toto Bureau emp1oyee|or damage those proptrty in instances where an employee is determined have been gr
9-2.2 Claims|without
Pursuant to
Regard to Negligence|
Title 31, USC, Section or loss 3724, clai
under the
Director's or his
of property
desig
occu
injury, damage
do
to
inn sup
|191-11.1.!!
**EffDte: 07/26/1999 nc1u'#: 915 D9 Div:
9-3 SUITS
AGAINST THE
EMPLOYEE
by either 1, Section
**EffDte: 05/30/1991
HCRT#: 0
Div: D9
Cav:
SecC1s:
9-3.1 |Civi1
Liability|
district court
States Constitution.
suits, from
of action.
for allegedly
violating
rights guaranteed
SecCls:
recognized
styled under
rights statutes. Certain federal statutes also authorize civil suits again y the individuals, including government employees, who violate
the statute. Examples include Title 18, USC, Section 252
SENSITIVE
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06:43:34 T
Page 2
' I
SENSITIVE
Haul-ID: LHBSAP1
provides for
the recovery
qualified immunity.
have been aware at
Ifor constitutional
wing that
shed rule ertion of efore of
constitutionallor statutory|law
qualified immunity
can result
in a dismissal of
the case
trial, or
trial.
If the employeeis conduct was within the sc employment, the case may be removed to fe and the United States may be substituted
pe of
defendant. Formerly
**EffDte: 07/26/1999
in 9 3.3!|
MCRT#: 915 Div: D9 Cav:
9-3.1.1 |Service
Agents served
civil subpoena,
from a state or
federal court
relating to
imediately notify their supervisor and the CDC. It is e the employee advise the CDC of the date of service and th
service for transmittal to FBIHQ. Unless specifically au
actions se-learn
process for
Cav:
y other
I9-3.1.2 Indemnification
SecCls:
! An
adverse judgment
of his/her y monetary
discretionary with
is in the interest
in
! An
employee seeking
submit a
written request,
the verdict
with appropriate
documentation including
the General
copies of
Counsel.
and judgment,
to FBIHQ,
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06:43:34
Page 3
SENSITIVE
Haul-ID: LHBSAP1
The request
will
then be
submitted
to DOJ,
along with
the
FBI :
50.15 c!.|
**EffDte: 07/26/1999 MCRT#: 915 Div: D9
9-3.2 |Deleted|
**EffDte: 10/09/2001 HCRT#: 1159 Div: D9 Cav:
SecCls:
9-3.3 |Deleted|
**EffDte: 10/09/2001 HCRT#: 1159 Div: D9 Cav:
SecC1s:
9-3.4 |Hoved
**EfDte: l0/09/2001
to 9-5|
HCRT#: 1159 Div: D9 Cav:
SecC1s:
9-3.5 |Revised
**EffDte: 10/09/2001
9-4 ICRIHINAL
LIABILITY
the viola
proceedings ar
in state court against an employee for conduct associated with that employee's duties an as FBI employee, the FBI employee ma request DOJ by DOJ pursuant to Title
42, if I
all other al court,
there
instances of
in either Div: D9
fede
their own
Cav:
leg 1 defense.|
SecCls:
9-5 |LEGAL
!
ch eel at representation may be provided by DOJ, or by private cou government expenseas determined by DOJ!, when the empl ee's actions reasonably appear to have been performed within the scop of the interest of employee's employment, and where representation is in th SENSITIVE
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06:43:34
Page 4
i 92 IMUH
HM n
92
In mains: unumwm
SENSITIVE
Hanl-ID:
the United
LHBSAP1 LEGAL
States.
together process with all and pleadings to him/hi servedFBIHQ, ion, upon his/her CDC. The CDC will forward this material
the General Counsel, who will submit a statement of findi
r, to
Office
the employee'sE scope and of employment, arecommendation representation, to DOJ. DOJwill then determine whether
of
gs regarding
legal representation to the employee. ! In the case of a "critical incident," i. shooting or use of force resulting in death or serious bo an employeemay request emergency legal representation.
egarding o afford
., a
representation, if approved DOJ, is providedby privat by government expensein the immediate aftermath of line-ofincidents. Private counsel will provide personal capacit
ily
injury,
attorney, the CDC will immediately contact FBIHQ which wi uty critical call DOJ. The provision of emergency legal representatio
a determination
available at the
uch for representation in accordance with the above procedure counsel at time of the critical incident, if the employee involved r
of scope of employment, as
time of the critical
presented by
es
incident.
Emergene
a request At the
providedfor on quests
an
on
representation is not authorized, the employee will be re s his/her own legal defense.l
**EffDte: 07/26/1999 MCRT#: 915 Div: D9 Cav:
ility y be
the
for
event
ponsible
for
9'6
SecCls:
judicial proceedings. See e.g., 28 C.F.R. 16.21 et seq. disclosing any information from FBI files or information part of the performance an Agent's of official duties, th
should obtain approval from the Assistant U.S. Attorney,
stat
cquired as a
Agent
r other DOJ also consult
partiesregarding the matter andshould toproc incivil litigation instead should refer matters decline information
SENSITIVE
counsel for
Litigation
any
on with
Printed:
03/20/Z003
06:43:34
Page
---
s _ue- |n92l92|ll|1k
IN ll
92l_4 Ix nu will
>||Iunm|||u
Hanl-ID: LHBSAP1
LEGAL HANDBOOK
the CDC or the Office of the General Counsel. When Agent receive subpoenas or informal requests to provide documents, stat testimony in connection with a civil litigation matter, t hey should the General Counsel as notify their CDC or the Office of BOOB II
possible.
Enents or
e of civil non-
! Agents
litigation, they may be
should be
aware
that in
the cours
privileged documents
may include
placed in
the official
Div:
copies and
FBI file.|
other d
**EfDte: 07/26/1999
HCRT#: 915
D9 Cav:
*********************************** END
OF REPORT *****************************
SENSITIVE
Printed: 08/20/2003
06:43:34 Page
n 'TTI|I|Y TT
M i '
IIK4 In ll ll
u nnluuu
Manl-ID: LHBSAXO
DIX
APPENDIX
1. FD-Z6
- CONSENT
TO SEAR
**EffDte: 04/28/1978
1-1 FD-Z6
MCRT#: 0
Div: D9
Cav:
SecCls:
OF INVESTIGATION SEARCH
CONSENT TO
1.
Ihave been asked by Special Agents of the Federal Investigation to permit a complete search of:
Describe the 2.
3.
or thing s!
to be searched.! i
Ihave
Igive
refuse consent.
I
I I
Date Signature
Witness
This is
to certify
that on
at
Special
of Justice,
Agents of
the Federal
a search
Bureau of
of
Investigation,
U.S. Department
S
conducted
Icertify of the
I becial Agents
Justice.
t of I
witnessed:
of Investigat of Justice
ion
Special
Agent
ion I
**EffDte: 08/25/1994
Cav:
SecCls:
I I
Page l
Printed: 08/20/2003
06:43:34
IIKI
SENSITIVE
Cav: SecC1g: I
-|
Date Time
YOUR RIGHTS |
1 |
I
Ithelquestioning. |
If you cannot
you before any present, questioning
You have the right to have a lawyer with you during afford a lawyer, one
if you wish.
If you decide
you have the right
At this time, I
understand
I
present.
Signed
Witness:
Witness: I
Time:
Cav:
SecC1s:
SI
Ii"
Page 1
- 92|$<
u ll will i uliliilmllll
SENSITIVE
Manl-ID: LHBSAXO
DIX
1.
MCRT#: 0
CEV2
- YOUR RIGHTS AT A
SecCls:
FD l+0l+ Rev.|7-18-88!]
roux RIGHTS AT A Place LINEUP
1 I
lineup, you will be obliged to stand in a line with ot speak, to move in a certain manner, and/or to put on or clothing for the purpose of enabling witnesses to make
the to
choosing present.
one present any identification
identification. You afford have attorney are entitled anan to attorney buEyour f If you cannot
at the lineup, which may the lineup will be delayed lineup. to have 5 be made at the
own
have
attorney has been appointed by a court to represent attorney present will help you in the preparation
However, you may waive your right
yo .Having of y ur defenses
an
to
present at
absence of
the lineup
in th
an attorney.
n attorney lineup in
the
Ihave read! read had to me! this statem nt of my rights and Iunderstand what my rights are. Iam willing to articipate in a lineup in the absence of an attorney. Iunderstand an know what Iam
doing. No coercion of promises or threats have been made to me any kind has been used against me. Signed an
no pressure or
Witness:
witness:
_ I
Cav: SecCls:
'
SENSITIVE
IN PART,
WITH
HANDBOOK SecC1s:
**EffDte:
4-1
05/01/1985
SELECTED FEDERAL IN CONFLICT, SET FORTH IN
MCRT#: 0
Div: D9
Cav:
1.
ARRESTS None!
INVESTIGATIVE DETENTION
SEARCH AND SEIZURE
Non Q!
Subsection
5-5,
Emergency Se rches:
Circuit
requires
belief"
the governm nt
not a "
to
Second have a
"reasonable
suspicion"!
that life
or saf
jeopardy before entering pri under the emergency exceptio v. City of New York, 261 F.3
easonable tyisin
ate premises . See Kerman
2001!.!
SECTION 6. SECTION 7. -
229 N ne!
nd
Cir.
EYEWITNESS IDENTIFICATION
' CONFESSIONS
AND INTERROGATIO
Subsection 7-4.1
Attention: Ninth
!,
Refuse
Circuit Of
offices
Circuit:
obtaining
The Ninth
confession
used in criminal
proceedings
Circuit
S toSign FD-395
ices and all that could be in the Ninth
following in the interrogati who has been advised of hisl rights as contained on an F has declined to sign the wai
FD 395:
interviewed
willing person
395,
er
and who
on the
failure
the
statements
that
person.
See, U.S.
v.
1984!.
ne!
Printed:06:43:34 O8/20/2003
TTlHIF TTm
1 Page 1
__ ._.
SENSITIVE
Cav: SecC1s:
Th1s Image
1s not
avazlable
an the
automated manual.
Dav: D9
SENSITIVE
Cav: SecC1s:
wnmwr M"
Wnnr"
- ._
I mm
~.|.-4---I- - -
Manl-ID: LHBSAXD
LEGAL HANDBOOK
APPENDIX 6.
**EffDte: 02/19/1988
MCRT#: 0
Div:
09 Cav:
SecC1s
Cav:
SecCls:
Pr1nted:
08/20/2003 06:43:34
I I
Page
n I
-. ... --1.-1
lllililbl l
Man1"ID: LHBSAXO
LEGAL HANDBOOK
NDIX
1 SecCls:
APPENDIX|ETHICAL 7.
**EfDte: 07/26/1999
53on!|
Cav:
DIV: D9
7-1 IETHICAL
TITLE 28,
On April
19,
1999, Title
Z8, USC,
530 Sectio n
Section 530B, often referred t O35 entitled "Ethical Standards for Atto rneys
provides as follows:
" a! An
State laws
attorney for
and rules,
the Government
and local Federal
shal
governing attorneys in each state where engages in that attorney's duties, to the sa the same manner as other attorneys in that S
1 be court such
subject to
rules,
" b! The
section.
Attorney General
Justice to
shall make
Department of
assure compliance
" c! As used in this section, the term atto 1 Government includes any attorney described i part 77 of Title 28 of the Code of Federal R ney for n 77.2 a! counsel, appointed under chapter 40."
the of such a
Section 530B
Government" found
incorporates
in 28
the definition
C.F.R. 77.2.
of "attorney
The General
and any
attorney employed
in the
Office of
the General
are subject
to the
requirements of
this section.
civil upon this language, CDCs and Special Agent attorneys n iminal or edings. Based the OGC are not subject to Section 5308. However, Spe to United States Attorneys SAUSAs! are included in the d tassigned
definition explicitly excludes attorneys employed Justi other law enforcement agents of the Department of in cr are not authorized to represent the United States law enforcement proceedings or to supervise these proc
the FBI
OGC!
"attorney for
the Government.
Therefore,
CDCs who
ar
SAUSAs will
duties as
have to
SAUSA.
Section 530B
while per
appointed as
the April
PROPOSED FORMAL
INTERIM RULES
SECTION 5308,
**EfDte: 07/26/1999
Cav:
VERNMENT."|
SecC1s:
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06:43:34
Page 1
U INWTTWVAWUIIIIWIUMTIIIIMWNTII
1 1 I~~4-1 1 1 I
ll92.-.......92.
SENSITIVE
Hanl-ID:
DIX
clay
SecCls:
[8-1
Rule 41 c! !, FED.R.CRIM.P., establishes a the issuance of a search warrant where the circumstanc
written affidavit
presen ed in person to
may
us, state rule.
radio, or other electronic method of communication. T judgesare not authorized to issue warrants under this
Guidelines for such issuance have also been establishe
ollowed
! Prior to contacting the magistrate, " a original warrant A.0. Form93A! mustbe prepared t by seekingthe warrant. A copy of the duplicate original be preparedand retained in the case file. Whenever f probablecausestatement should also be preparedand r
writing before contacting the magistrate.
! Whenever practicable, telephone conversation. an AUSA should be
uplicate eAgent
warrant should asible, the duced to
I
included in the
under oath each is the magistrate's responsibility, the Agent must ens "on. While this has been so sworn prior to providing any information. ire that he/she is also required to record the conversation by means o
call,
! After the magistrate is informed of the the magistrate is required to immediately place
ia voice ographic or
the
After
demonstrating such need, the following fa ptors are a! The Agent cannot reach the magistr
hours;
te in his or
b!
c!
iit would be
SENSITIVE
I l
Page 1
Printed:
08/20/2003 06:43:34
... _
um l-92I92 ||lk
ll
SENSITIVE '
that a
there would
e destroyed or
! The duplicate original warrant must be lead verbatim to the magistrate. The magistrate maydirect that modifi ations be made
to it. '
warrant
the warrant was ordered issued. The person who execut the duplicate s original warrant is required to enter on the face of t e duplicate original warrant the exact time that it is executed. I view of this,
synchronize their watches.
the person will executewarrant the who the and magistJ:te should
9! Themagistratemaydirect the Agentor
of the telephone conversation where it has been recorded by
irected to do nished to the
magistrate. The magistrate mayalso wish to have the ent sign and swear to the veracity of the transcribed conversation.|
means of a voice recording device. Where the Agent is this, the transcript should be promptly prepared and f
transcript
A to prepare a
Cav: i
SecCls:
***********************************
***********************
06:43:34
_ L
Page
.. _ -M.
.Q-92I92ll|l9292
92|
In 1| um92-ll unlmlu 92
SENSITIVE
Manl-ID: LHBSAXO
SECTION 9.
- CIVIL
Cav: SocC1s:
I,
"WHHIIUF I