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LEGAL HANDBOOK FOR

SPECIAL AGENTS

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of Contents

rm LHBSAINLEGAL nsoox HANDBOOK FOR SPECIAL

_ o-1

SECTION O

AGENTS INTRODUCTION FOREWORD AND msrnuccrzonsusmc: rmznsoox FOR nus

FOREWORD AND INSTRUCTIONSUSING FOR THIS

LHBSAP1 ~ LEGALHANDBOOK FOR SPECIAL AGENTS 1 PART


SECTION 1
DEFINITION

PROBABLECAUSE

RELEVANT INFORMATION APPLICATION OF THE STANDARD


SOURCES OF FACTS

DELETED

REVIEW APPROVAL COMPLAINTS AFFIDAVITS AND OF AND PREPARATION GUIDELINES PROBABLE STATEMENT FOR CAUSE
AFFIDAVITS ANDCOMPLAINTS

COMUNICATING THE FACTS

SECTION 2

BACKGROUND DELETED DELETED DELETED DELETED

MOVED TO APPENDIX 8-1


DELETED DELETED SECTION 3 ARREST

-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

WITH WARRANT USE OF WITHOUT WARRANT

ARREST ARREST PROMPT

ISSUANCE OF ARREST WARRANTS CRIMINAL LIABILITY-ESCAPE

and

NEWS MEDIA MEMBERS MAOP, See Part II, 5-7.1 andMIOG,


4-1.1.!

DIPLOMATIC IMMUNITY See 5-11.!

OTHERAPPLICATIONOF DETENTION AUTHORITY


SECTION 5 SEARCH UNDER SEARCH WARRANT
SEARCH BY CONSENT

LIMITED

SEARCH FOR WEAPONS

IN GENERAL See 8-3.2 and MIOG, Part

SEARCH AND SEIZURE

1, Sect1on91-9,

INTRODUCTIONEXCEPTIONS THESEARCH T0 WARRANT

EMERGENCY SEARCHESSee Appendix, 4-1.! SEARCH INCIDENTAL ARRESTSee 3-8 and MIOG, Part TO MOTOR VEHICLE EXCEPTION Formerly 5-7 1!
INVENTORY SEARCHES

SEARCHESU S CUSTOMS BY SERVICE Formerly5-9! DIPLOMATIC IMUNITY Formerly5-10!

MARKING EVIDENCE IDENTIFICATION FOR Formerly 5-8!

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I6

5-12 5-13

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I7 FIRST AMENDMENT PRIVACY PROTECTION Formerly 5-11!

SEARCH FOR DOCUMENTS IN POSSESSION OF THIRD PARTIES SECTION 6. EYEWITNESS IDENTIFICATION


IN GENERAL LINEUPS

SINGLE SUSPECT CONFRONTATIONS

SECTION 7
- 1 7-12

PHOTOGRAPHIC IDENTIFICATION See MIOG, Part I,


Section 7.!

VOLUNTARINESS WARNING OF RIGHTS

IN GENERAL See MIOG, Part 2,

CONFESSIONS AND INTERROGATIONS

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

WAIVER OFRIGHTS See LHBSA, 7-2 1!.!

INTERVIEWSUBJECT BY OF U.S.

DELETED

INTERVIEW UNDER OATH See

7-12.15 and MIOG, Part

ATTORNEY

I,

INTERPRETERS PLEA BARGAINING

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

PRESENCE OF COUNSEL DURING INTERVIEW


JUDGE OR U S

See MIOG, Part

MARSHAL

REQUEST TO SEE

EVIDENCE OF FEDERAL INCOME VIOLATIONS See MIOG, TAX


MARSHAL

I9

QUESTIONING ABOUT SIMILAR CRIMES PROTECTING IDENTITY OF INFORMANTS DELETED REQUEST TO USE TELEPHONE ADVICE

LEGAL ADVICEBY AGENTS See MIOG, Part 2,


OF CHARGE, LOCAL CUSTODY

7-2 1.!

SECTION B INFORMANTS
LEGAL LIMITATIONS OF INFORMANT S

AND ENTRAPMENT

IN GENERAL See MIOG, Part I,


INFORMATION REGARDING LOCAL CRIMES
-DISCLOSURE

Section 137.!

IDENTITY

SECTION 9.

CIVIL AND

CRIMINAL LIABILITY

CLAIMS AGAINST THE GOVERNMENT SUITS AGAINST THE EMPLOYEE CRIMINAL LIABILITY _ 1

IN GENERAL See 3-4

3 and MIOG, Part 1, Section


and MIOG,

197 !

DISCLOSURE OF OFFICIAL

LEGAL REPRESENTATION See 9-4

FBI INFORMATION

Part 1,

197-4 !

I 2 I3

I 4
CASES LHBSAXO

- LEGAL HANDBOOK FOR SPECIALAGENTS APPENDIX


APPENDIX 1
FD-26 -

Table of

Contents

1-1 2-1 3-1

FD 26 FD-395 . FD-404
RIGHTS

CONSENT TO SEARCH -ADVICE OF RIGHTS

CONSENT TO

SEARCH

APPENDIX 2 APPENDIX 3
FD-404 -YOUR

FD-395 -ADVICE OF RIGHTS

- YOUR RIGHTS

See LHBSA, Part 1,

AT A LINEUP

7-3.3.!

AT A LINEUP

APPENDIX 4.

SELECTED FEDERAL CIRCUIT COURTS APPEALS OF

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4-1

I5
_ 5-1 _ 6. _ 6-1
_ 7

APPENDIX 5

SELECTED FEDERAL CIRCUIT COURTS APPEALS OF CASES THAT ARE


.FEDERAL
CIRCUITS MAP

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

APPENDIX 6. FORFEITUREABANDONED PROPERTY AND MATTERS

FEDERAL JUDICIAL

JUDICIAL CIRCUITS MAP

APPENDIX 8 SEARCH WARRANT ORAL UPON TESTIMONY Search Warrant Upon Oral Testimony

~--

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Manl-ID: LHBSAIN LEGAL HANDBOOK AGENTS INTRODUCTION FOR SPECIAL


SECTION O. FOREWORD AND INSTRUCTIONSTHIS USING FOR HANDBOOK

SENSITIVE

**EfDte: 04/28/1978 Div: D9 MCRT#: 0


O-1 FOREWORD

Cav: SecCls:

AND INSTRUCTIONS FOR USING HANDBOOK THIS

The Legal Handbook forSpecial Agents is not

intended tobe a treatise on the


criminal procedural law in those
the Agent-Investigator. It is

law. Rather, it is designed


areas of
written in

as a compilation of basic principles of constitutional and greatest concernto


understandable

language and incorporates, where possible,


policy.

applicable Bureau

This handbook prepared was by the|0ffice the of General

Counsel|based on Supreme decisions in those Court or, areas I


where the Supreme Court has issue, on an analysis not addressedparticular a legal of lower Federal courtdecisions. The

main bodyof the handbook contains general rules in effect the


for each area of the law discussed. Appendix 4 at the end of the handbook contains information on selected Federal circuit
courts of appeals cases that are in conflict, in whole or in

part, with the

general rule.

Therefore, in using the hand-

book, Agent-Investigators
any special rules in

are required to scan Appendix


effect in their circuit, in addition

4 for
to

locating the general rule in the main bodyof the handbook.

Appendix 4is broken downsection by

Search and Seizure, Pro-

bable Cause, Confessions, etc.!; therefore, Special Agents need


not review the entire Appendix eachtime the handbook is used. Local policies and practices of U.S. Magistrates
SENSITIVE

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Hanl-ID: LHBSAINLEGAL HANDBOOK SPECIAL FOR AGENTS INTRODUCTION

SENSITIVE

and U.S.Attorneys often vary from district to such local rules,

district. Any

not contrary to stated Bureau policy, should


instructions contained in this

be deemed supplementary to
handbook.

The handbook

will be

revised from

time to

time as

the law and Bureau policy change.

It has been prepared in a

handy size and form, and Special Agents are encouraged to have

it available in the course of investigation. an


**srrm== 09/09/1994l&#39;lCRT#: 281Cav: Div: D9 SecC1s:

*********************************** END

OF REPORT *****************************
SENSITIVE

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Hanl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1


SECTION 1. PROBABLE CAUSE

SENSITIVE

**EffDte: 04/28/1978 MCRT#: Div: D9 0


1-1 DEFINITION

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.

circumstances,as viewed from the

perspective of a reasonable law

not certainty; thus, it is significantly lower than


conviction.|

! The probable cause standard is one ofprobability,


the "proof beyond

a reasonable doubt" standard necessary to support a criminal

**EffDte: 07/26/1999 HCRT#: 915 D9 Div:


1-2 IRELEVANT INFORMATION

Cav: SecCls:

hearsay evidence a from trial. Likewise, adefendant&#39;s prior criminal recordmay relevantto be the issue of probable cause even though that
trial.

hand! information even though rulesof the evidence generally exclude

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

same information admissiblehis/her guilt may be not to prove at


Cav: SecCls:
or wasSTANDARD]

**EffDte: 07/26/1999 HCRT#: 915 D9 Div:


1-3 |APPLICATION

**EffDte: 07/26/1999 HCRT#: 915 D9 Div:


1-3.1 |General Probable cause is the level of proof

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

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Hanl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL PART AGENTS 1


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SENSITIVE

07/26/1999 HCRT#:Div: D9 Cav: 915


l-3.2 |Probable
An arrest arrest is

SOCCII2

Cause to Arrest

with or without awarrant, depends the upon existence of PROBABLE


to the arrest cannot used retrospectively justify the arrest. be to
valid if a federal offense -felony or misdemeanorr-is

The constitutional validity of

every arrest, whether made

CAUSE AT MOMENT IS MADE. THE THE ARREST Evidence obtained subsequent


by warrant ensures that a magistratejudge orgrand jury a

has predetermined existence probable the of cause. A warrantless


person being arrested.

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

persons are presently located soon be located a or to at


**EffDte:

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

facts and circumstances must support the conclusion that a

place.|

particularly

07/26/1999 HCRT#: Div: D9 Cav: 915


1-A

SecCls:

ISOURCESIOF FACTS
firsthand

they secondhand hearsay!f? sources or


1-4.1

perceptions of an ent,

|Facts to establish probable cause may based be on

may be obtained from

**EffDte: 07/26/1999 MCRT#: 915 D9 Div:


|Firsthand Knowledge

Cav: SecC1s:

directly through sight, smell, or touch.| **EffDte: the senses-~i.e., hearing,

Firsthand knowledge consists of information obtained

1-4.2

07/26/1999 MCRT#: Div: D9 Cav: 915


|Hearsay
SENSITIVE

SecCls:

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Hanl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS 1 PART

SENSITIVE

knowledge hearsay. Although is probable cause be may based in whole


or in part on hearsay, Agents should carefully evaluatesuch

Information ofthe which

Agent does havepersonal not

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

hearsay information, Agents should consider theCREDIBILITYTHE OF

informationensure that given proper to it is weight. In evaluating

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

either consciously or subconsciously, make wejudgments regarding the

! Knowledgethe sourceIn everyday experience, of

can be bolstered ifwe already know, orestablish can


portion of the information is

i!

Corroboration offacts Credibilityany source of


true.

independently,

**EffDte: 07/26/1999 HCRT#: 915 D9 Div:


I1-4.2.2 Reliability of the Information

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

The mostcredible of sources

may provide information that

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

corroboration can support a reasonable belief in the information : reliability.|

of knowledge the basis for the source&#39;s of information, independent

support an inference that the information is reliable.

information,a high degreedetail of

**EffDte: 07/26/1999 HCRT#: 915 D9 Div:

Cav: SecCls:

|l-4.3 Logical Inferences


perceptions or hearsay, Agents draw may logical inferences from that
SENSITIVE

|
acquired through firsthand

In addition to information

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SENSITIVE

Maul-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PART 1

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.|

**EffDte: 07/26/1999 HCRT#: 915 n9 Div: 1-5 ICOMHUNICATING was FACTSI

Cav: SecC1l:

**EffDte: 07/26/1999 HCRT#: 915 D9 Div: Cav:


1-5.1 |General
If Agents apply for a warrant to arrest or to

SecCls:

search, they must communicate underlying facts to support the the

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

warrant probable cause! toa magistrate judge who has

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.|

obtaining warrants, or justifying warrantless actionsrequiring

supporting their determination that probable cause existed to support **EffDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: 1-5.2 {Constitutional SecC1s:

Requirements for Issuance ofWarrants


mandates that "no Harrants

shall issue, but upon probable cause,supported by Oath or


SENSITIVE

The Fourth Amendment explicitly

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hanl-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PART 1

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

**EffDte: 07/26/1999 HCRT#: 915 D9 Div:


1-5.2.1 |De1eted|

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1-5.2.2 |n.1r@]

Cav: 5.1,,

**EffDte: 07/26/1999 HCRT#: 915 Div; D9 I1-5.3 Procedural


! Arrest
requirements for
warrants.

Cav: SecC1a:

Requirements for Issuance of Warrants


Warrants - In addition to
Federal Rules

the constitutional
Procedure

FED.R.CRIH.P.! set certain forth rules

warrants, the

governing issuance arrest of

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

A.0. 91 "Criminal Complaint"!for assistance in preparing a


complaint.

b! Rule
arrest of statute, Title the defendant 18, USC,

4 a!, FED.R.CRIH.P., provides that is the


that an offense has it, a warrant for the
to to any 3052, to officer authorized execute arrest

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

for Search Warrant -

shall

issue only

on an affidavit

b! Rule

41, FED.R.CRIM.P.,

sworn before
SENSITIVE

a federal

provides that a warrant


or state

magistrate judgeand establishing the groundsfor issuing the Printed: 08/20/200306:43:34 Page 5

. ll

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Hanl-ID: LHBSAP1 HANDBOOK LEGAL FOR SPECIAL AGENTS PART


warrant. If circumstancesit make

SENSITIVE

written affidavit, federal a magistrate may a warrant judge issue upon


sworn oral testimony comunicated telephone.[ by

reasonable dispensewith to a

**EffDte: 07/26/1999 MCRT#: Div: D9 915


I1-5.4 TheProbable Cause Statement

Cav:

SecCls:

magistrate judge

To communicate relevant information the magistrate the to judge understandable way. Based upon the information provided,the

warrant or a complaintfor an arrest warrant, the purposeis

General Whether preparing affidavit for an

a search the same:

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.

cause exists to support the issuanceof the warrant. In the same

must anindependent make determination probable that

information,a magistrate judgewill assess information make the and a

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.

! The "Four-Corners" The Rule Agent&#39;s responsibility

included theaffidavit in cannot considered magistrate be by the judge


! In addition to relating all of the relevant facts

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.

information named the affidavit, the source&#39;s is in credibility is


presumed.

a! Named Source~ when the sourceof the

magistrate judge presumed. Thus,


credibility

Agents should, whenever possible, provide information to the

b! Unnamed Source When source not named, the is relevant to the source&#39;s credibility.
GoodCitizen/Law EnforcementOfficer -

that is

of a good citizen or

1.

affidavit so that the magistrate judge candrawthe appropriate inferencesregarding source&#39;s the credibility.

law enforcement officer, that informationshouldbe set forth in the

if a source a is good citizen in the community a or

a law enforcement officer is

The

2. CriminalInformant Thecredibility of one whois involvedin criminalactivity is not presumed; mustbe it


SENSITIVE

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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

for establishing that credibility.

record!, or corroboration through independent investigation a of


substantial portion of the information provided by the
3. Anonymous Tips -

instances whenthe source provided reliable

Relevant factors can beprior


source.
an

Information from

anonymous source can also be considered

determining the existence of probable cause.


evaluating the

by a magistrate

the source&#39;s information, or corroboration of the information through


independent investigation, will assist
credibility of the source.

The degree of detail

judge in

in

the magistrate judge in

! Reliability
Disclosing to the magistrate
in which

of the Information - The most credible


information. A

judge must be able to evaluate the reliability highly relevant.


or if

source may unwittingly provide-unreliable

of the information.
obtained is

magistrate

is sufficient to establish its reliability.


the manner the information

If a source obtained the information firsthand, that


was acquired cannot be

judge how information was

If that is not the case,

disclosed without endangering a confidential source, one or both of the following factors can help to establish the reliability of the
information:

a! Independent Corroboration - Independent


corroboration of
the trustworthiness

some of the facts


of the

provided by
of the
arrest

a source
kind of
or conviction

can bolster or
criminal
record.

information as

take the form of confirming activity at issue, such

most of the facts as noting a prior

a whole.

supplied by a source,

Corroboration may

by disclosing the subject&#39;s history prior


b! Degree of Details
that

recognized that
source, the

the greater

greater is

the inference

the degree of details provided


the information

The U.S.

Supreme Court

has

by a
is reliable.

! The reliability of
cause. The

inability to

pronged standard described above -i.e., ultimate test is whether

satisfy either
the totality

information--does not foreclose a finding

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&#39;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&#39;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.

Independent corroboration of the the belief in both the credibility


of the information.

infornant s information can bolster of the source and the reliability


challenges for an Agent is
Page 7

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of the 06:43:34

most critical

SENSITIVE

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SENSITIVE

Manl-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS 1 PART

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

usefulness to law enforcement. The informant told me that the

disclosure would endanger his/her life andimpairhis/her future


his/her personal observations the United States in a warehouse at

identity of this informantshouldbe kept confidential because

following information is based upon items marked Property of

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:

warehouseand several others arrived and departed.

these observations, fifteen or

1435Old TriangleRoad,Triangle, Virginia. Duringthe time of

twentypersons were present in the


A man called

SecCls:

1-6

lnzvnzw srrnov/u.COMPLAINTS mo or muAFFIDAVITSI


Cav: SecCls:

**EffDte: 07/26/1999 MCRT#: Div: 915 D9

I1-6.1

ReviewField by Office Division Chief Counsel I CDC!


Where possible and practicable, an Agent should review the

Attorney susn!

matter to the United States Attorney USA!

Division CounselADC!, or
.|

facts of probable causewith the Chief Division Counsel,Associate

FBI LegalAdvisor beforepresenting the


Cav:

or Assistant United States

**EffDte: O7/26/1999HCRT#: 915 Div: D9

SecCls:

I1-6.2

Bureau Policy USA/AUSA Approval

a Complaint Affidavit for Search or Warrant with the magistratejudge.


SENSITIVE

warrant must obtain prior authority from the USA AUSA or before filing

Itispolicy Agent or FBI that seeking an an search arrest l


Page 8
| r

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SENSITIVE

Hanl-ID:

LHBSAP1 LEGAL

HANDBOOK FOR SPECIAL AGENTS PART 1

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

for Search Warrant

control over the quality of Complaints and Affidavits prepared by Agents. Efforts to obtain warrants, whetheror not successful, should

be reportedto the CDC, anda record thereof placed


**EffDte: 07/Z6/1999 HCRT#: 915 Div: D9 1&#39;7

in the casefile.|

Cav:

SecC1s:

PREPARATION GUIDELINES PROBABLE FOR CAUSE STATEMENT


warrant may be jeopardized by the supporting affidavit. careless The

The validity of a mistakes in the preparation of


following

may help to avoid mistakes:

! 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.

to include all of the information relevant to probable cause, it is


equally important to avoid the clutter of irrelevant information.

AVOID EXTRANEOUS INFORMATION. While it is

important
An

affidavit is
report.

a probable cause statement, it !

is not an investigative

USE SEPARATE, NUMBERED PARAGRAPHS. separate, A


information is an effective

numbered paragraph for each source of organizational technique.

! 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

circumstances. However, using it as a guide will minimize the risk

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Page

HHWNIHNFIFT Wwwi &#39; T

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_. _.

92|_ ~<~H~lIl92-4 V MUIININIIHN

SENSITIVE

Han1 ID: LHBSAP1

LEGAL HANDBOOK SPECIALAGENTSPART 1 FOR

that important information will be


to communicate facts. the
reach the it in not "Based on

omitted. I
those facts. For example,

! AVOID CONCLUSORY STATEMENTS. Your responsibility _ 1;


The magistrate judge : responsibility
affidavit such

appropriate conclusions baled on


appropriate to include in an

is to

the foregoing, I have probable cause to believe...."|

statements as:

**EfDte:

07/26/1999 MCRT#: Div: D9 Cav: 915

SecC1s:

1~8

|DELETED| I
07/26/1999 HCRT#: 915 Div: D9 Cav:
SENSITIVE

**EffDte:

SecCls:

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10

mmw

___ .-1..

9292In92|m>l|l492 Ml n 92lI.

I 1I .|lm ulllmlullllu

SENSITIVE

Manl-ID: LHBSAP1

LEGAL HANDBOOK FOR SPECIAL AGENTS PART1 SECTION 2. AFFIDAVITS AND COMPLAINTS

**EffDte: 04/28/1978 MCRT#: O Div: D9 Cav:


2-1 [BACKGROUND
This entire section was deleted. Provisions

SecC1s:

section 2 relating to probable

cause were relocated to section 1,

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|
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D9 Cav: SecC1s:

**EfDte:

2-3

92DELETED|
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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:
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HCRT#: 915 Div:

D9

Cav:

SecC1s:

]De1eted|
SENSITIVE

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SENSITIVE Man!-ID:

LHBSAP1 LEGAL-HANDBOOKSPECIAL FOR AGENTS1 PART


07/26/1999

**EffDte:

MCRT#: 915 Div

:D9

Cav: SecC1s:

2-3.5

[Deleted]
07/26/1999

**EfDte:

HCRT#: 915 Div

:D9

Cav: SecC1s:

2-3.6

|De1eted|
07/26/1999

**EffDte:

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Div: D9

Cav: SecC1s:

2~4

IDELETEDI
07/26/1999 ncnr#= 915
Div: D9

**EffDte:

Cav: SocC1a:

2-5

[DELETED]
07/26/1999

**EffDte:

HCRT#: 915 Div

:D9

Cav: SecC1|:

2-6

lnovnn T0 APPENDIX 8-1|


07/26/1999 ncnr#= 915 Div
:D9 Cav: SecC1a:

**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

F;intd: oa/ioizooa o6=4s=2.4

* *

9 v=;{

*2

""TIIlIlT"T" &#39;"

mm

_9292-ll-92 .-. .......92

.1

1|

92|- I~1uI92l-llln MUJIHIWIM

Man1 ID:

LHBSAP1 LEGAL

SENSITIVE HANDBOOK FOR SPECIAL AGENTS PART 1

**EffDte:

O7/26/1999

HCRT#: 915

Div: D9

Cav:

SecC1|:

2-8

|DELETED|
Cav: SecC1s:

**EDte: 07/26/1999 uc1u&#39;#=Div: 915 D9


SENSITIVE

Pr1ntOd: oa/20/ioos06:43:34

155;.

"EIHWT

__

92|-. Q ll um

m|l.|m|uumu

SENSITIVE

Hanl-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL PART FOR AGENTS


SECTION 3. ARREST

**EffDte:04/28/1978 HCRT#: 0 Div:


3~1

D9

Cav:

SecCls:

IISSUANCE ARREST or HARRANTS

has beencommitted that the defendanthas committed and it.

if. based either the complaint an affidavit or affidavits filed on or with the complaint, there is probable causeto believe that an offense

the defendant can be obtained by rule states that warrant a shall

! 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.

issuance a summonsthe appearance the defendant of for of requires the

where the offender maybe foundcan issue suchwarrants. Copiesof


warrants issued under this authority are returned

! 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.

UnitedStatesthat hascognizance the offense. Constitutionally, of

matter for which such a warrant shall issue is limited to federal


offenses.

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

application anarrestwarrant anyspecified for to district. Usually,

Jurisdiction:

Federal rules do not limit

the

nameof the defendantor, if his/her nameis unknown, nameor any

!,

offender, and that maydo no morethan provide a distinguishing physical description tell the particular circumstances which or in
SENSITIVE

whichlead to a reasonable belief that a

accused&#39;s truename. It

description by which he/she can be identified with reasonable certainty. The rule does not require the determination of the

is sufficientif the Agent develops facts

particular individual is the

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mill | IlD92IIll9292

-1

1|

1|-. -wiiI92lIl92|| u||I.|lld|uWl-M

SENSITIVE

Manl-ID:

LHBSAP1LEGALHANDBOOK SPECIAL AGENTS FOR PART 1

he/she will

befound.|
D9 Cav: SecCls:

**EffDte: 07/26/1999 HCRT#: 915 Div:


3*Z CRIMINAL LIABILITY-ESCAPE

An Agentwhoeither voluntarily or negligently permits the escapeof a prisoner in Agent&#39;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!.

**EffDte: ll/10/1988 MCRT#: 0


3&#39;3 ARREST WITH WARRANT

Div: D9

Cav:

SecC1s:

**EEDte: 11/10/1988 MCRT#: 0


3-3.1 Policy

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

obtained. For example,wherethe arrest mayhave a significant impact


on an investigation in another field office, or where the arrest is likely to cause wide publicity due to the identity or status of the
FBIHQ should be notified and prior approval obtained before

arrestee,
arrest.

**EfDte: ll/10/1988 HCRT#: 0


3-3.2 Prompt Execution Hhile there is no

Div: D9

Cav:

SecCls:

time limit

on the execution of arrest

warrants should be

unlike search warrants!, as a general rule, the arrest madewithout prolonged delay.

**EffDte: 11/10/19830 hCRT#:


3-3.3 Joint Arrests

Div: n9

Cav:

s=c1s:

See MIOG, Part 2, ll-2.l.2 !.!


SENSITIVE

&1na= osizo/zoos os=4ss4* * s *9 W

"

Page 2

F1WF"T7 ""&#39; i&#39;TTHWWIm TIHMW IT"IWM lmWTW"&#39;

T"WImm M

_ ..

-... .

-......... M

1 1| II.

Iml

lln ullllllllllilll

SENSITIVE

Hanl-ID: LHESAPI LEGAL HANDBOOK SPECIAL FOR AGENTS PART 1

issued in cases overwhich the FBI has investigative jurisdiction.


state and local authorities, utilization, or at least U.S. Marshals, or other federal

FBI Agents are authorized to serve all arrest

warrants
law

|The|Specia1 Agent in Charge SAC! My authorize jointarrests with


the alerting,

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

arrests made within their

jurisdiction

Agents is left

to the

jurisdictions. The FBI mustrespect their responsibility to the


their communities.

local law enforcement agenciesto know what is transpiring

in their

**EffDte: 07/26/1999 hCRT#: 915Div: D9 3-3.4 Possession


11 2.1.2 !.!

Cav: SecCls: See HIOG, Part II,

and Display of Warrant

been issued. Where time exhibited to

in possession at the time of arrest,[Agent[shall then defendant of the offense charged and of the fact that
will permit

defendant as soon as possible. If

tine of arrest, but upon request,|Agent[shall

An Agent need not have the warrant in

the Agent does not have the warrant and the successful arrest

show the

possession at

warrant to the

the

inform the a warrant has


of 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.

**EffDte: 05/28/1980 HCRT#: 0 3-3.5 Service

Div: D9

Cav: SecCls:

of Summons See HIOG,Part II, 11-2.1.3.! by Agents without prior

authorization of

Summonses should be not served


FBIHQ.

**EffDte: O5/28/1980 HCRT#: O


3-4 ARREST

Div: D9

Cav: SecCls:

WITHOUT WARRANT

**EffDte: 05/28/1980 HCRT#: 0


3-4.1 Policy

Div: D9

Cav: SecCls:

SENSITIVE

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I Page

&#39; "" ""

92l . lnmm NIL-< 1.|I|m|su||u

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Manl-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS


Where possible, SAC authority

PART 1

making warrantless arrests. |Agents authorized make are to warrantless


arrests for any federal crime felony or misdemeanor! committed in their presence.| Authority for warrantless
fe1ony.| Use of the warrantless arrest authority
those instances

should be obtained before

cause to believe the personto be arrested haslcommitted federal a


in which sound judgment indicates the obtaining

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:

warrant would unduly

nonfederal arrest authority.!|


**EffDte: 01/30/1997

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

burden the investigation or substantially

Where

a warrantless

arrest

has

be contacted immediately

for

authorization

been made, the USA should of prosecution.

**EffDte:

05/28/1980 HCRT#: 0

Div: D9

Cav:

SecCls:

3-4.3

NonfederalCrimes See|LHSA, 3-4.1, and Section 9.!


! There is no federal statutory authority for FBI

Agentsto intervene in nonfederal state! crimes. However,based


circumstances exist.

upon guidance provided the Department Justice, it is the policy by of


of the FBI to permit certain types of nonfederalarrests whenexigent

! 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

peaceofficer rather than as a


Frinted: 08/20/20033 06:43:34

In some states, legislative by a federal Agent in certain

authority exists for types of state crimes as a

private citizen. Deputization a as


SENSITIVE

Page 4

,,.._,,T lWT,_..,,,, INTNWTT TTTWWIWITIWMW

A ,. 7&#39; J i g IT&#39;IWI T*TImM M&#39;

... -.

1 n

92|_- I.~I~Hl|..1. 1.l|-IIMINWIM

SENSITIVE

Manl&#39;ID: LHBSAP1 HANDBOOK SPECIAL LEGAL FOR AGENTS PART 1

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

Of greatersignificance in terms of potential personal liability,

to makearrests for state offenses with the authority and immunities of a law enforcement officer of the state or one of its subdivisions.

state peace officer is

another meanswhich allows a federal

officer

Agents whointervene in serious nonfederal crimes committed in their

previously described will normally be considered to be within the scope of employment. While a determination as to legal

case, the
policy.

representation must legal representation

DepartmentJustice, of ! It is

depend on the facts and

as a general rule, will provide


with this

circumstances of each

to Agents who act in accordance

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&#39;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

Justice has indicated that

important to note that the Department of


efforts to

enforce minor infractions

of

particular state&#39;s which may require an employeeto defend law, himself/herself as an ordinary citizen.|

**EfDte: 01/30/1997 MCRT#: 583 Div: D9


3-4.h Adherence to FBI Policy
are received

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

from the USA or USA&#39;s

**EfDte: 06/19/1992 HCRT#: 0 Div: D9


3-5 PROMPT
11 1.4.!

Cav: SecCls:

APPEARANCE nrronz MAGISTRATE See 7-16 and

MIOG,|Part1, 88-5.2;|Part

11, 2-7.1, 2-11.4.1 and

nearest available federal magistrate without unnecessary delay. If a


federal magistrate is not available, the person arrestedmay be brought beforea state or local judicial officer authorized by Title
18, USC, Section 3041. |That procedure need not be followed
SENSITIVE

or without

a warrant, the person arrested must be taken

[Except as provided below, whetherlthe arrest made is with


before the

if the

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ll uulullliu

SENSITIVE

Manl~ID:

LHBSAP1LEGALHANDBOOK SPECIALAGENTS FOR PART 1

person is arrested under a warrant issued upon a


custody of appropriate state or local authorities

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

Justice Criminal Division has advisedFBIHQ that it is not necessary

notification

of an arrest is given.!] If the arrest waswithout warrant, a


complaint is to be filed, setting forth the facts of probable cause when the arrestee is brought before the magistrate. A personal,

telephone, or electronic presentationof the complaintsetting forth probable causefor the magistratemustoccurwithin 48 hours following
a warrantless
Federal Rules

arrest

if

the arrestee
Procedure.

is detained and an initial

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

HCRT#: 538 Div: D9


Effect of Unnecessary Delay

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.

**EffDte: 06/19/1992 3-5.2 Definition Title

MCRT#: 0

Div: D9

Cav:

SecCls:

of Unnecessary Delay provides that a confession,

otherwise voluntary, obtainedwithin six hours following arrest or


detention, is admissible in evidence.

18, USC, Section 3501,

Delay of more than six hours

may invalidate
have elapsed.

an incriminating statement obtained after the six hours


However, the statute provides that the six-hour to the

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.

and the distance to be traveled

**EffDte:
3~5.3

06/19/1992 HCRT#: 0
Booking Procedure

Div: D9

Cav:

SecCls:

SENSITIVE

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Han1"ID:LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PART 1

SENSITIVE

to the nearestFBI office for fingerprinting, photographing, and interview, whereappropriate. Police departments sheriffs&#39; 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.

Following arrest, the person custody in should brought be

**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

be traveled to the nearestavailable magistrate.| **EffDte: 01/30/1997 MCRT#: 583 Div: D9

reasonable delay

are the means of transportation and the distance to

Cav:

SecCls:

3-6

ussor FORCE| See Part 2, 11-1.1.!| HIOG,


MCRT#: 1164 Div: D9 Cav: SecCls:

**EffDte: 12/28/2001
3-6.1

Identification

A person to be arrested

should be aware of the intention

of the arresting Agentto deprivehim/herof his/her liberty by legal authority. Therefore,it is the responsibilityof the arrestingAgent
audible voice, as

to identify himself/herself, before effecting the arrest, in a


a Special Agent of the FBI.

clear,

**EffDte: 06/19/1992HCRT#: 0
3-6.2 Physical Force

Div: n9

Cav:

SecCls:

arrestee, and others in the vicinity

resistance,andto ensurethe safety of the arrestingAgents,the


of the arrest.

reasonable and necessary to impose custody and overcomeall

Agentsare permitted to use that amount physical force of

**EffDte: 07/26/1999 HCRT#: 915 Div:


3-6.3 Restraining Devices

D9

Cav:

SecC1s:

SENSITIVE

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06:43:34

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~-

1| 11-.

I|.m.vs|..1 mlllullnlllu

SENSITIVE

Hanl ID:

LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1

shackles,andbelts, may used be to|secure|aperson arrested. Useof I


such devices is lawful and proper. Agents are expected to employ sound judgment in the use of these devices, and to resolve any doubt in favor of their use. See_MIOG, Part II, Section 11 1.5.! **EffDte: 01/30/1997
3-6.5 FBI Deadly

Temporary restraining

devices, such

as handcuffs,

HCRT#: 583 Div: D9


Force Policy Instructional Outline

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&#39;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

advantage of 20/20 hindsight.

POLICY TEXT:

a!
only when necessary, that

Defense of Life - Agents may


is, when the

use deadly force


cause to

Agents have probable

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&#39;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

of the Agent shall

be given prior

Printed: oa/20/2003 oe=4s=a4


_ I

Page

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s~ -um | l-mml|w92

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.929292it-9292ul92||92 Hll-ll lwllll

SENSITIVE

Mani-ID:

LHBSAP1 LEGAL

HANDBOOK FOR SPECIAL AGENTS PART

d! WarningShots- No warningshots are to be fired


by Agents.

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
!

9! Vehicles Weapons not be fired solely to may

its

use.

DEFINITIONS

death or serious

Deadly a! b!

physical

injury.

Force: Force that is likely to cause

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

Necessity: In evaluating the necessity to use

permissible under this policy


escape of a suspect.

whenthe sole purposeis to prevent the


"Imminent" does not mean

"immediate"or "instantaneous,"but that an action is pending.


Thus, a subject may pose an imminent danger even if he/she is not at that very momentpointing a weaponat the Agent. For example, iminent danger may exist if Agents have probable cause to believe
any of the following: a. The subject possesses a weapon, or is

1.

Imminent Danger:

an intention to
the tactical

attempting to gain access to

a weapon, under circumstances indicating


is armed and running to gain

use it against the Agents or others; or,


b. The subject advantage of cover; or, c.

A subject with the capability of

inflicting
intention to

death or serious physical injury- or


do so; or

otherwise

incapacitating Agents- withouta deadly weapon,is demonstrating an

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

a safe alternative to the use of

deadly

Printed:

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SENSITIVE

Man1~ID:LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PART 1


relevant:

with no safe option.

deadly forceunnecessary, ignoring such commandspresent may Agents


b. Availability of cover Availability of

others. Whilecompliance Agents commands make use of with may the

prior to using deadly forceare required when feasible--i.e., when to do sowould significantly not increase danger Agents the to or

a. Response to commands Verbalwarnings

covera provides tactical advantage. armed An suspect attempting to gaina position cover necessitate useof deadly of may the force;
additional risks.

to assess need usedeadly the to forcewithout incurring significant


c. Time constraints - The inherent

conversely, an Agentin a position of cover maygain additional time

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.

no longer poses an imminentdanger. b!


policy, attempts
can prove timely halt. dangerous

Agentsmaycontinueits application until the subject surrendersor


Whendeadly force is permissible
to Agents and others under this

a! When decision made usedeadly the is to force,

to shoot to cause

minor ingury are unrealistic

and

achieve the intended purposeof bringing an imminent danger to a

because they are unlikely to

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:

outweighs the likely

HCRT#: 1192Div: D9

3-1

IMANNER or rnrnv See s-2.1


11-2.1.5.!!

and nroc, Part 2,

and announce" their

! |Tit1e 18, USC, Section 3109requires Agents "knock to


identity, authority,
purpose and demand to enter

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

before entry is made execute search to a warrant. This principle

! |Suspect s Premises order enterlawfully - in to a


Printed! 08/20/2003 06:43:34 7 Page l0i

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SENSITIVE

Hanl-ID: LHBSAP1LEGAL HANDBOOK SPECIAL FOR AGENTS PART l

suspect&#39;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.

or the Agents must obtain anarrest warrantand have probable cause


For establishing whether it is
92

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&#39;s premises if it
the suspect

the suspect&#39;s premises, it should be noted thatan apartment, a or

is the hotel, motelor otherroom he/sherenting. Similarly, if is


is not named on the lease or rental agreement, the

not named

premises may still be regarded as the suspect&#39;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&#39;s

premises.|
third party&#39;s have consent
warrantless entry

! |Third

premises to enter,
must

Party Premises

in order to arrest a defendant, Agents must or an emergency "hot pursuit"! justifying a


exist, or the Agents must obtain a search

-in

order to

enter lawfully

warrant particularly the principal

premises should be construed to be any private premises which are


residence of the person to be arrested. For

premises tobe entered. For thepurpose of such an entry, third party

describing the

person to be arrested and 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.[

b! |Exigent Circumstances examplesof exigent

* 92

increased danger Agents others as a to or result of the delay to


HCRT#: 915 Div: D9 Cav:
INCIDENTAL T0 ARREST

**EffDte: O7/26/1999
3 a smncn

SecC1s:

Arrest!.

See Section]5-6|of handbook this Search Incidental to I


Cav: SecC1s:

**EfDte: 07/26/1999hCRT#: 915 Div: D9

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

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Jilin hll-IIHIUIIW

SENSITIVE

Hanl~ID: LHBSAPI LEGAL HANDBOOK SPECIAL FOR AGENTS1 PART

present, arrangements should be madeto afford


attention without delay.

ill health, or where suchcondition is reasonablyapparent Agents a to


such persons medical

When any person in Bureau

custody complains of sickness or

**EffDte: 12/28/2001 HCRT#: 1164 D9 Div: Cav:


3-10 FOREIGN nnnonnts See21106, Part 11 2.3.3.! II, in which a foreign

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,

the Agentsare to also inform him/her if


to

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

**EffDte: 03/31/1983 HCRT#: O 3-11 ARRESTS

Div: D9

Cav: SecC1s:

IN FOREIGN COUNTRIES See HIOG, PartII,


and 23-8.2.! in foreign
search, or

ll-2.3.3, 23-4.4,

Agents have no jurisdiction


cannot exercise the power of arrest,

countries, hence,
seizure in such

places. Agents are not to be present at the scene of

Agents are not to participate in

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

**EffDte: 03/31/1983 HCRT#: 0 3-12 DIPLOMATIC

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

frinted: oa/20/2003 06:43:34

Ifage

12

.-.... ..-...92|.-4 ,

Ml

ll 1lI.

I,.lLI,l|l..l.

ulllllll llll

Manl-ID: LHBSAP1 LEGAL-HANDBOOK FORAGENTS SPECIAL PART 1


seizure.

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&#39;s residence. but only the ambassadors ministers, and to office ofconsuland a

of any person included in these classifications. The personal

Consequently, no should Agent attempt to the cause arrest or detention

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

whether the consul involved any has special imunity.

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

immunity applies to the staffs, domestic servantsimmediate family and

**EffDte: 07/26/1999 Div: D9 MCRT#: 915


Part 11, 1-3.!

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

of, the coverageor investigation a of news story, or while engaged in


without prior authority but subsequent justification be must furnished to the Attorney General the and DepartmentJustice, Director of of Public Information. Requests for authority of Attorney the General to
handled by

is suspected offense committed of an in the course of, arising or out

emergency circumstances, media representative be a news may arrested

the performanceofficial duties as memberthe of a of news media. In

seek an arrest warrant for a news media representative to be are


the USA.

**EffDte: 05/28/1980 HCRT#: 0 Div: D9


3-14 ARMED FORCES PERSONNEL

Cav: SecC1s:

The Uniform Code of Military Justice authorizes any commanding officer exercising general court-martial jurisdiction to
SENSITIVE

Printed: 08/20/2003 06:43:34 Page

13

_ ,,.,HmFT_..,,,_

NWT

SENSITIVE

Manl-ID: LHBSAP1

LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1

authority when

surrender militarypersonnel under|officer s|command to civil


charged with civil offenses.

The request for surrender

must be accompanied by:

!A
or warrant;

copy of the indictment, information to

presentment, information, identify the person sought

! Sufficient
as the

person who allegedly committed

the offense;

!A

statement of

the maximum sentence which may be


for persons surrendered to civil by FBI personnel. Such forms are Div: D9 Cav: to

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 seek judicial named in the subpoena.|

remedies in the event that a person fails


subpoena is the person

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:

or JUVENILESSee moo, Part 2,|4-1.1.!|


1159 Div:
See HIOG,

I
SecC1s:

10/09/2001 HCRT#:

D9 Cav:
Section 4-2.1.!

3-16.1 Definition

Part II,

A juvenile

is a person

who has not attained

his/her 18th

birthday at

the time of

arrest.

|An act

of juvenile

delinquency is

has not attained his/her


birthday.

the violation of Title would have been a crime,

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

HCRT#: 719 Div: D9


Procedures

Cav: SecCls:

The standard

prearrest procedures
SENSITIVE

applicable to

adults

Printed: 08/20/2003

06:43:34 Page

14

AWIH"

he an

In ens..in.-m||m>

n 92| .

am -an ma. whenAuu

SENSITIVE

Manl-ID: LHBSAP1

LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1

discussion with

United States

of warrant! also govern arrests of juveniles. After


the following procedures.

Attorney, filing

of complaint,

theIFederalIJuveni1e De1inquency|Act[requires compliance with strict


! Advice of Rights
this

arrest, however,

issuance

- The arresting Agent

should
inasmuch as no See

immediately advise the arrested language comprehensible to the


standard Form FD 395 meet

juvenile of juvenile. The See Section


from the

his/her "legal rights" in rights found on the 3-l6.2 !!, it


this time.

requirement. However, juvenile at

interrogation will
necessary to obtain

be conducted
a waiver

is not

HIOG, Part
The

2, Section

4-2.2.1.!

! Notification
arresting Agent

to U.S. Attorney and Juvenile&#39;s Parents


notify the USA and the

must immediately

juveni1e&#39;s parents, guardian, or


parents, guardian, or custodian juvenile&#39;s rights and the nature
Part 2, Section 4 2.2.2.!

custodian, of such custody.

The

must also be notified of the of the alleged offense. See HIOG,

take the

! Initial arrested juvenile

Appearance Before Magistrate Agents must before a magistrate forthwith. 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&#39;s timely appearance before the court, or to ensure the juvenile&#39;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.

See MIOG, Part 2,

Section 4-2.26-!

! Record
notification

of Notification
to parents

and Appearance ~ Since


appearance before the

proof

and prompt

magistrate is recording the

essential, Agents following facts:


a! That b! That c! That the the the

are required juvenile was

to prepare advised of

FD-302 s! his/her rights;

USA was notified;

parents, Suardian, juvenile was

or custodian,

was

notified; and d! That See HIOG, Part 2, the

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

offense and his/her initial


him/her of his/her

appearance before the magistrate


volunteered by

rights. Information

the arrested
questions may

juvenile concerning
be asked

his/her own guilt should


to make certain what
SENSITIVE

be recorded
the juvenile

in the Agent&#39;s notes for use in subsequent proceedings, and clarifying


as necessary

Printed: oa/zo/zoos

osmsm

I I I II

I Page I I I 15 I

WIN

I"

_ .. h1lOv

.-inns, 1

nII,

-9292li.9292u|9292l92 92lUJlNlN|lW

SENSITIVE

Manl-ID: LHBSAP1

LEGAL HANDBOOK FOR SPECIAL AGENTS PART1

intends to say. The volunteered statement maybe reduced to writing if such action does not involve any delay in the juvenile&#39;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

someone else such questioning does if not

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.!

as an|adult.| Because usuallyit will


arrest whether the arrestee will be

fingerprint or

! Fingerprinting and Photographing- Agents are not to photograph a juvenile unless he/she is to be prosecuted

not be known atthe time of


an adult

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

court where the committed by an


a violation of

a controlled Section 955


arriving in

Title 21 USC, Section 841 manufacturing, distributing, dispensing


substance or possession with the intent to do same!, possession of controlled substances on board vessels
the United or departing States! or Section 959

of

Agents should coordinate the


U.S. Marshals
and 14-8.1.4.!

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

HCRT#: 994 Div: D9


SENSITIVE

Cav: SecCls:

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S 7Page

16

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Manl-ID: LHBSAP1 HANDBOOK AGENTS 1 LEGAL FOR SPECIAL PART


SECTION 4. INVESTIGATIVE DETENTION

SENSITIVE

**EffDte: 04/28/1978 Div: n9 MCRT#: 0


4*1 IN GENERAL

Cav: sec1i=

possible bank robbery suspect! detaining identification or for search. Thus, each must meet the constitutional standard of

available to Agents when investigating suspicious circumstances e.g.,

searches frisks! represent two separate and distinct procedures

|Investigative l!| detentions and protective stops!

a personis involved in criminal activity and may be armed and pose a


threat to the Agent or other individuals.

justified by articulable facts supporting a reasonable suspicion that [ ! A seizure takes place only when Agent, by an means

cannot be usedon mere suspicionpossible hunch but or must be

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

of physicalforce orshow of authority, restrains citizen&#39;s a

weapon, some physical touching, the use of language or or tone Questions related one&#39;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

Agent isfree to walk away. Circumstances to consider include

whetherreasonable person believe talking a would someone to an

liberty. This rule is based on objective characteristicsto as

This activity anAgent-citizen contact, is implicitly


consensual, even when thecitizen is not told he or she

at a location where Agents are executingwarrant. These a

identification is ascertained.|

suspicion and be can a useful means to identify people present interviews should momentarycease soon reasonable be and as as

to leave. Identification interviews do require reasonable not

**EffDte: 05/01/1985 Div: D9 HCRT#: 0


4-Z DETENTION

Cav: SecCls: Cav: SecC1s:

**EffDte: 05/01/1985 Div: D9 HCRT#: 0


k 2.l Justification

the si-resting has sufficient Agent facts to constitute probable cause;


SENSITIVE

The legality a of full

custody arrest depends upon whether

Printed: oa/20/2003 oe=4a=s4

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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

involved that possibility

a crime been has committed!, may Agent

has been committed. A particularized reasonablesuspicion of

suspect and making reasonable inquiry to determine if in fact

a crime

activity also justifies the investigativestop of

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.

questioning its occupants. Agent&#39;s inquiries shouldbe

a motor vehicle for

**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.

The Agent may detain the suspect for a

reasonable time and

**EffDte: 05/01/1985
4-2.3 Duration of

MCRT#: 0
Detention

Div: D9

Cav:

SecC1s:

time or until the suspicions of


comes first.

[An Agent

may detains suspect for a


the Agent

are dispelled, whichever


time is a

reasonable period of

What constitutes a reasonable period of

flexible conceptrequiring assessment a variety of of

what he/she is doing maybe considered whendeterminingwhethera detention should be extended. An Agentshoulddiligently pursue

the suspect is answering logical questions such as whohe/she is and

investigationthus avoidingunnecessary delay. For example, whether

investigated, and whether the Agentpursueda diligent course of

the suspect&#39;s cooperation, nature the of

the criminal activity being

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

logical investigationandavoidunnecessarily extending length the of

of criminal activity cannot be sufficiently investigated in the amount

illegal activity may investigated.| be


See 5-2.2.18
SENSITIVE

**EffDte: 07/26/1999MCRT#: 915 Div: D9


Site of Detention

!.!

Cav:

SecCls:

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06:43:34

I I I I

if Pagej22

92|_92 In nan en

M1-mil um

SENSITIVE

Hanl-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PART 1

Although an investigative detention represents a substantial denial of one&#39;s freedom of movement,it should not approach the samedegree of full custody exercised when an individual

is placed under arrest.

Oneof the

principal factors consideredin


Such detentions are

deciding whether

the detention site.

an arrest rather than a stop has in fact occurred is

Mostdetentionsoccur on the street and involve

the stopping of a pedestrian or a motorist.

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

The creation of a traffic


are justifiable

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

**EffDte: 07/26/1999MCRT#: 915 Div: D9


4-2.5 Use of Force See 3-6.4

Cav:

SecCls:

and H106, Part 2, 12-2.1,

|12-10.4.1 !

!,|and HAOF, Part 1, 1-4

!.!

In order to effect a stop and enforce a period of

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

when, in the courseof attemptingto makea stop, the Agent or another


person is placed in imminentdanger of death or serious bodily harm, and deadly force is thus consistent with the FBI&#39;s deadly force
policy.

!
Printed: 08/20/2003

Reasonable force duringthe temporary detentionmay


SENSITIVE

06:43:34

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SENSITIVE

Hanl-ID: LHBSAP1 LEGAL-HANDBOOK SPECIAL FOR AGENTS PART1 include, for example, the displaying of a weaponby the Agent under

circumstances justifying a reasonable suspicion theAgent part on :


the Agenthas a reasonable suspicion that the suspect currently is
!
maintaining a
armed.

that his/her life maybe in danger. Thus,an Agent would justified be


in drawinghis/her weapon whendetaining a bankrobberysuspectwhen

Handcuffsshouldnot be usedas a normalprocedure in


temporary detention; however, such restraints are

reasonableunder special circumstances will not automatically and

convert the detention into an arrest. For example, attempts by a suspect to turn and flee or a suspect s refusal to comply with

commands keep his/her handsin view of the Agentmight Justify the to


use of handcuffs during the detention period.

**EffDte: 4~2.6

05/06/2002 HCRT#: 1192 Div: D9 Cav: Interrogation


As a general

SecCls:

and Advice of Rights


rule, a stop and detention is not such a

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:

ILIHITEDssnncu FOR WEAPONS


07/26/1999 HCRT#:915 Div: D9 Cav: SecC1s:

4-3.1

|Authority to Conduct Limited Searchfor Neaponsl a

provided the following factors are present:

! IA limited searchis permittedfor weapons only,


a! b! there has beena lawful investigative stop; there is reasonablesuspicionthat the person
SENSITIVE

detained

may be armed;

Printed: 08/20/2003

06:4334

Page

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:1-< 29292lI29292m.92924 . 92.||QnuA~u|u

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

d! the Agent&#39;shave suspicions not dispe11ed.f been


searchfor weapons, Agents considersuchfactors as: may

! |In justifyingthedecision conduct limited to a


92

a! the typeof crimeinvolved; b! thereputation the person of detained; c! the timeand place of the stop;
d! a suddenmovement,and

92

92

e! a bulge thesuspect&#39;s in c1othing.|

**EffDte: 07/26/1999 915Div:D9 scary}: Cav:


4-3.2

seccii:

|Permissible of Limited Scope a Search Weapons for

Agent against possible harm.

intrusion is permitted thatwhich necessaryprotect that is is to the


! Vehicles: detaining driveror occupants When the of

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&#39;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

weapons, actions notonlybejustifiedat Agents must their inception


begin a pat-down thedetainee&#39;s with of outerclothing.

when Agents specific the have information firsthand information, a

armed, Agent conduct limited searchof the interior the may a


in order to locate weapons.

a vehicle, theAgent if reasonably suspects thedetainee be that may


! Packages Containers: A limited searchof and

92

passenger compartment vehicle, includingunlocked of the containers,

provided container&#39;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

justified the if Agent reasonable has suspicion suspectarmed, the is

unlocked packages containers thepossession thesuspect and in of is

container s weaponconduct serious for and a more intrusion by


SENSITIVE

surface.Togobeyond merely squeezing feelingtheoutside a or of

Printed: 08/20/2003 06:43:34 I

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SENSITIVE

visually checking the interior the of container or Agents package,


the containeror package.|

should considereasewhich suspect would access the to the have into

**EffDte: 07/26/1999 Div: D9 HCRT#: 915


4-3.3 |De1eted|

Cav: SecCls: Cav: SecCls:


Cav: SecCls: Cav: SecCls:

**EffDte: 07/26/1999 Div: D9 MCRT#: 915


4~3.4 |De1eted|

**EffDte: O1/30/1997 HCRT#:Div: D9 583


4-4

OTHER APPLICATIONOF DETENTION AUTHORITY

**EffDte: 10/20/1983 Div: D9 HCRT#: O


4-4.1 Material Witnesses

material witness arrest warrants without first having issued a


to appear.

The statute been has interpreted as permitting the courtsissue to

| !| 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!.

subpoena, provided cause that witness probable exists the testimony


is material and there a reasonable belieflhe/she|willfail is flee or
reason tobelieve thewitness will leave thescene officer.

magistrate. Authorization for furtherdetention or possible arrest


should beobtained only from judicial a

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

warrant, yet has

| !| Where Agent unable secure an is to a material witness

**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

! Host investigative detention: involve persons

Printed: oa/20/2003 Page 06:43:34

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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

! [An Agent may detain propertyfor a reasonableperiod

the detention.

Since a person relinquishes any possessory interest in

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

evidence orcontraband, even lasting several hours, may be one

as well as the possessory interest the detention must be brief.f

interferes with the possessor&#39;s freedom toproceed on his/her journey

and the detention

! |Deleted] **EffDte: 07/26/1999 MCRT#: 915Div: D9


SENSITIVE

Cav: SecCls:

Printed: 08/20/zoos06:43:34*

*9

*rig.

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Manl-ID: LHBSAP1 HANDBOOK LEGAL FOR SPECIAL AGENTS PART 1


SECTION 5. SEARCH AND SEIZURE

SENSITIVE

**EffDte: 04/28/1978 0 Div: HCRT#: D9 5-1

Cav:

SecCls:

Part2,|Sections 11-1.3.1!and 4.5.2.!| l1

INGENERAL 8-3.2 See and Part Section HIOG, 1, 91-9,

will dependthejustification thesearch thescope the on for and of


searchconducted.In all cases,Agents must prepared articulate be to the basis for the search andthe manner which wasconducted. in it

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.

Theright of privacy a personal is right, not a

Amendment. These areas include:

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;

TheSupreme hasdetermined thereis Court that no

c!
d!

public accessareas;
vehicle identification numbers.

Fourth Amendment. These practices include:


airspace;

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

a! aerial surveillance conducted navigable from b! field test of


c! odor detection.

suspected controlled substance;

subsequent governmental intrusion into the areadoes constitute not a search under Fourth the Amendment. A reasonable expectation of
SENSITIVE

! If a reasonable expectationprivacy terminated, of is

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06:43:34

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1, 1

11

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Hanl-ID: LHBSAP1 HANDBOOK LEGAL FOR SPECIAL 1 AGENTS PART


privacy may be terminated by:

SENSITIVE

opening packages with the governing in compliance laws their actions;


b! private party actionsfrustrate that the

expectation of privacy, such U.S. as Customs or Postal authorities

a! lawful government action frustrating the

expectation of revealing contents package area; privacy by the aof or or

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.

c! an individual taking steps to voluntarily

**EfDte: 12/28/2001Div: D9 MCRT#: 1164


5-2 SEARCH UNDER SEARCH WARRANT

Cav: SecCls: Cav: SecCls:

**EfDte: 05/30/1991Div: D9 MCRT#: 0


and PolicySeePart MIOG,

5-2.1 llkcquisition of Warrant: 41 the FED.R.CRIH.P. mm of


2, 10-18.3.!|

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;

assurance search bedeemed that a will reasonable by the courts, itis

! Since the authorityof a warrant is the beet

c! A search under emergency or exigent d! A search under the vehicle exception;


e! An inventory.

circumstances make to it reasonable dispense a withwritten affidavit,


SENSITIVE

! |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

Printed: oa/2072003 Page 06:43:34

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SENSITIVE

Hanl-ID:

LHBSAP1 LEGAL

HANDBOOK FOR SPECIAL AGENTS PART 1

a federal

magistrate

may issue a warrant based upon sworn oral

testimony communicated by are contained


search
be

telephone. The procedures for obtaining a


in Rule 41 c! !
of the U.S.

search warrant upon oral testimony are set forth

and is to

in the appendix to this handbook.


Agents
serial

Prior to obtaining a
the Office

warrant,
as a

should
in the

consult
case

with
file.

Attorney.
retained

A copy of the affidavit

filed

before the magistrate

!
request for a officer or by

WhoHay Apply: The federal rule requires that


search warrant be made by a federal an attorney for the government.

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

States magistrate. Thus

Rule 41 a! authorizes only certain judicial

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

show the item s! or person s! namedin the warrant is presently


magistrate s or judge&#39;s district at the time the warrant is executed. A federal magistrate judge is also empoweredto issue a search warrant

for property or a
believe
the the
even

person s! upon a finding of probable cause to


or person s! named in the warrant are within magistrate judge would be valid,
time the warrant is issued, but might move outside the warrant may be executed. In such a case, a
another district.

that

the item s!
at the before
in

district district
if

search warrant issued by a federal


executed

c!
Other courts that are

State, Commonwealth, Territory and


authorized to issue search warrants

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&#39;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!

Rule 41 b!, FED.R.CRIH.P.provides that a


SENSITIVE

warrant may be issued under this rule to search for and seize:

Printed: 08/20/2003 06:43:34

will

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SENSITIVE

Hanl-ID: LHBSAP1 LEGAL-HANDBOOK FOR SPECIAL AGENTS PART 1

commissionof a criminal offense; or

l.

Property that constitutes evidenceof the

crime, things or otherwise criminally possessed; or


3.
offense; or

2. Propertythat is contraband, fruits of the


Property designed or intended for use or

92

which or hasbeen is used the means committingcriminal as of a


cause or who are unlawfully

4. Persons whose for arrest there


restrained.

is probable

generalexploratorysearches. Thestandard particularity remains of


a specific item of evidencesoughtwill aid in a particular apprehension conviction. or

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

b! Where propertyto be seizedconstitutes"mere

**EffDte: 07/26/1999 HCRT#: Div: 915 D9 |5-2.1.1


-

Cav:

SecCls:

Acquisition WarrantParticularity of Requirement


In addition to the statutory requirements,a warrant must

also comply with the FourthAmendment particularity requirement.

sufficient particularity so that


be searched.

! 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

difficulty in identifyingandlocating the


a! Dwelling ~

case were assigned to execute the search warrant, he/she would have no

if an Agent with no knowledge the of

92
92

person, place,or thing

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

description its outerappearance of should included.A phrase be

The complete addressand a

brief

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&#39;

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Manl-ID: LHBSAP1 HANDBOOK AGENTS 1 LEGAL FOR SPECIAL PART


rooms, andout buildings of any kind located

SENSITIVE

surrounding grounds anystorage and garage,

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.

In giving a street address, it is importantto

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.

definitively shown. example, Graham Road, For "1324 Park Dumfries,

location ofthe apartment within the building must otherwise be

included,

where possible.

The apartmentnumber or letter must

If such a designation is not available, the

be

stated. For

business and description its outer appearance be brief of should


example:

c! Storeor Business - The address, name the of "The premises as known Joe&#39;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."

refrigerators, restrooms and other parts within

story commercial building, with the word Joes&#39; appearing in large black letters on the front window, andall rooms, dining areas, service areas, kitchens, pantries, stoves,

Triangle, Virginia, a coffee shop in s single-

located at 1314 Jefferson Davis Highway,

Ford Explorer, sport model, bearing license CFU 527."If the VA


so as to distinguish it from other vehicles, should be included.

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

license number vehicle is of the unknown, details appearance, of its

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

include his hername, or sex,

e! Persons-The description of a person should

race,age, height,

weight, hair color,

belief thatthe person belocated within described will the premises.

of premises, Agent the should include the description his/her in

Printed: O8/20/2003 06:43:34

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Hanl-ID:LHBSAP1 HANDBOOK LEGAL FOR SPECIAL AGENTS 1 PART f! Places Where Address Unknown noaddress is If

SENSITIVE

wooden dilapidated red barn locatedon the westside of Jefferson

written description should considered. example, small be For "a

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

is knownthelocation not or is marked address, with an a specific

grounds."

Exhibit and rooms, #1, all lofts, storage areas, thesurrounding and

County, Virginia,as shown theattached on color

Davis Highway, approximately milessouth Aquia 1.7 of Road Stafford in

greater detail

be described great detail; however, it is noncontraband, in if then


is required.

contraband, possession whichis unlawful, it does haveto the of not

and distinctlyas possible. a general As matter, theproperty if is

! Description Property Person beSeized The of or to FourthAmendment forbidsa general exploratory warrant. Thus, property be seizedunder warrant to a should identifiedas clearly be

whichare reasonably available to the Agent,then this information

If a! the property lends itself to ready identificationby physical description serial number, of and both

should identified by brand be name, a specificquantity, and will


affiant has reason to believe, and doesbelieve, that

should included theaffidavit. be in In

othercases, property the


there is now

serveto distinguishthe propertysought. For example, "Thatthe

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

descriptive data, such complete, as individual serial numbers, may be


impossible or impractical to furnish.

sufficiently described by reference to the total amount the or approximate number bills of eachdenomination of taken. Precise

Amendment protections.

is essential concerns propertythat draws upon bothFirst andFourth


Searchwarrants directed at the seizure of

b! One areain which particularityof description

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

a warrant leaves the discretion the executing to of Agent

with particularity. Thename the individual usually of is sufficient.


suffice.|

arrested within third party premises, suchpersonmustbe described

c! Hherethe object of the searchis a

person be to

If the truename notknown, alias or physical is an description will


SENSITIVE

Prim;-<2: oa/26/2ooslo6=43=31.

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SENSITIVE

Hanl-ID: LHBSAP1 LEGAL HANDBOOKSPECIAL FOR AGENTS PART 1

**EffDte: 07/26/1999 HCRT#: 915 D9 Div:


5-2.2 |Execution

Cav: SecC1s:

Agents must adhere to statutory and constitutional requirements during


the execution of a warrant.I

In addition to possessinga lawfully

acquired warrant,

**EffDte: 07/26/1999 hCRT#: 915 n9 Div:


5*2.2.l Time|of Execution

Cav: SecCls:

authority, by

"The warrant shall beserved in daytime, the unless the


appropriate provision in the

! General Rule: Rule 4l c! l! FED.R.CRIH.P., provides


warrant, and for reasonable to

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.!

cause shown, authorizes its execution at times other than daytime."

! Nighttime

suppression. The magistrate must

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

search under a warrant

Execution: Before a valid nighttime

can be made, two

0:00

a! In

the search warrant Form A.0. 93!,


warrant itself

the
that

he/she isauthorizingnighttime search. The a magistrate does by this


magistrate writingon thesearch warrant:"Authorized forNighttime
Service" and signing the search warrant is sufficient
nighttime execution.

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

selecting the option on the form which provides

for service at any

nighttime execution.Therefore, care must be exercisedin justifying


does not expressly require a separate statement as to good cause for executing the search warrant in the nighttime. The affidavit read as a whole may be used to determine whether in fact such cause exists. A
statement in broad enough the affidavit requesting nighttime service should to include all the information contained in the be
any search planned for the period 10:00 p.m. to 6:00 a.m. The rule

affidavit specify

b! Rule 41 also requires that the supporting

reasons amounting a showing of good cause for to

warrant be approved for

affidavit. For

example, "Youraffiant requests

of discretion,

on all the information contained in this affidavit."


SENSITIVE

service at any time of the day or night, based


Absent an abuse

that this

search

the nagistrate&#39;s of finding good cause fornighttime

frinted: 08/20/2003 06:43:34 Page


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Manl-ID: LHBSAP1 HANDBOOK LEGAL FOR SPECIAL PART AGENTS 1

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

**EffDte: 07/26/1999 915Div: MCRT#: D9


5-2.2.2
11~2.1.5.!

SecCls:

|Manner of Entry See 5*6.2 MIOG, 2, and Part

warrant search to yourresidence open door." The the same rules suspicion anyoneor more the following: of of

beused. following The statement suffice: should "F-B - Iwea have

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

apply withrespect entries to intopremises make arrest. See to an

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&#39;s authority,and identity, purpose;

gesture thepersons as within premises the already of the know

! to "knock announce" bea useless futile and would or

! 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 !

"knock announce" permit escapea and would the of

permissib1e.|

announcement Agent&#39;s authority, purpose, of the identity, and is

trickery deceptionAgent togetanoutside open, or by an door before

avoided unless extraordinary circumstances arepresent. use The of

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

Use fraud, of deceit, misrepresentation entry or toobtain into

**EffDte: 07/26/1999 915 D9 MCRT#: Div:


SENSITIVE

Cav:

SecC1s:

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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:

**srnr== 07/26/1999 ncRT#=915 Div: D9

5-2.2.4

Ikeasonableness Force See MIOG,Part 2, 11-2.1.5.! of


The manner of entry to conduct a search must be
of the entry will depend upon the whom the search is directed. If the demand, the Agents may peaceably enter

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

to comply, an immediate should be sufficient


to the premises but

no more.
be used person

Ordinarily

this would allow for the breaking open of a door

and/or window. Devices

such as pry bars, axes, and battering rams may


If the to the

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&#39;m getting dressed" or "Take it easy" or What&#39;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

paper are sought.

As a general
that lapses

practice,
between

Agents should
the demand for entry

document the amount of time

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

warrant beyond procedure the describedabove.|


**EfDte: 07/26/1999 HCRT#: 915 Div: D9 Cav: SecCls:

5-2.2.5

|Control1ingthe Premises See 5-2.2.18


After having made entry,

!.!|

Agents should take whatever


themselves. They may

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

Section 2231 makes it a felony to assault,


impede, intimidate or interfere with

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

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SENSITIVE

Hanl-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PART1

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

Offensiveor abusive language should be interpreted resistance not as

the purpose the warrant. Threatsa of with weapon actsdenying or


searched are examplessuch of of evidence sought under the

warrantis a separate criminalviolation Title 18, USC, Section2232! searching Agents Title 18, USC, Section 2233!.|

as is anyforcibleattempt rescue to property already seized the by Cav:

**EffDte: 07/26/1999 MCRT#: Div: 915 D9


5-2.2.6

SecCls:

|Scope Search Formerly of 5-2.2.5 and5-2.2.7!


Onceentry is lawfully gainedand the premises secured,

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

evidence person or sought could

the search may

extend to

all placeswithin the premises where the

logically be

concealed. Such places


the objective

therefore, is directly related to andis controlled by

warrantdoesnot permitsearches persons of found within the premises


warrant is not a license to destroy property or harass individuals. It does allow, under limited circumstances, highly intrusive searches which will disrupt or damage property if it is reasonable believe to
warrant or an exception to the warrant requirement exists. The search

that the itemslisted in the warrantare locatedthere. Thus,

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.|

**EfDte: 07/26/1999 HCRT#: 915 Div: D9 5-2.2.7

Cav:

SecC1s:

|Plain ViewDoctrine Formerly 5-2.2.8!

Where Agentsare lawfully present, suchas during the execution of a search warrant or when acting consistentwith one of

an items s! which they have probablecauseto believe is evidenceor

the recognized exceptions the warrantrequirement, they observe to and

viewseizure,the Agent must therefore in a lawfulposition be to

contraband, theymaylawfully seize that item s!. Tovalidate a plain

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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SENSITIVE

Hanl-ID:

LHBSAP1 LEGAL-HANDBOOKFOR SPECIAL AGENTS PART 1

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&#39;s premiseswherethe plain sight observation occurs from place beyondthe area protected a by the evidencefrom a place Agentseizes contraband
Agent may

item s!. Theplain viewdoctrinesimplygivesAgents authority the to

constitutionally

protected

premises to seize the

Fourth Amendment the premises!, nor will

within a

premiseswherethe Agenthas no

it permit the seizure of

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

lawful search incident to arrest, the

is lawfully on the premises.[

not expand the scope of the search simply because he or she

**EffDte: 07/26/1999 MCRT#:915 Div:

D9

Cav:

SecCls:

I5-2.2.8|

Resistance Interference Formerly or | 5-2.2.9!|


Title 18, USC, Section 2231, makes search warrant.
a warrant, and can be

it a felony to assault, person may not


immediately arrested

resist, oppose,prevent, impede, intimidate or interfere with an Agent


attempting to execute a Hence, a
obstruct the execution of

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

or removal of evidence sought under warrant is a

separate criminal
Title 18, USC, SecC1s:

violation Title 18,


Section 2233!.

USC,Section 2232!, as is any forcible attempt to


seized by the searching Agent Div: D9 Cav:

rescue property already **EffDte: 07/26/1999

HCRT#: 915

s-2.2.9

|Hovedto 5-2.2.s|
Cav: SecCls:

**EffDte: 07/26/1999 HCRT#:915 Div: D9

5~2.2.10

|Hovedto 5 2.2.2|
D9 Cav: SecCls:

**EffDte: 07/26/1999 HCRT#:915 Div:

5-2.2.11

LeavingWarrantand Receipt See 5-2.2.12

and|5-4.1O.!|
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Hanl~ID: LHBSAP1

LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1

copy of

Agents who the warrant and

have executed a search warrant are attached affidavit, where applicable,


or property is searched

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

executed, and should be made A form for return is provided


A written

Search Harrant!.

inventory of warrant upon things seized,

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

inlhis/her|absence, another Agent conducting


should be copy of prepared in the presence of the the receipt for property taken, furnished

the search.
person from the

whom theproperty was taken, or in|his/her|absence, another credible


person searched see Section 5 2.2.l1, above!, may be used as the written inventory by attaching a copy to the warrant at the time of return and so noting in the inventory section of Form A.0. 93.
**EfDte: 08/25/1980 5-2.2.13 Securing HCRT#: 0 the Premises Div: D9 Cav: SecCls:

Upon conclusion of a search made under warrant,


responsibility of
searched has

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

by a search should be restored to its


as possible. Where it
SENSITIVE

condition
that
12

search insofar

is anticipated

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06:43:34 Page

Hanl-ID: LHBSAP1

LEGAL HANDBOOK

SENSITIVE FOR SPECIAL AGENTS PART

later claims

of harassment

will

be made

by those

affected by

the

search, it against later

is sound

practice to

photograph the

interior

of premises

before departure. **EffDte: 05/01/1985


5-2.2,l4 Damage

The foregoing MCRT#: 0


to Property

policy Div: D9

is designed
or illegality.

to protect Cav: SecCls:

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

property owner legal justification In a

may be entitled to for the entry


of

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;

property owner or|his/herldesignated I


be interviewed; reliable estimate of repair costs should be to the
of the

!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

An Agent who, maliciously search warrant is guilty

and without of a criminal

probable cause, offense. In

executing a search warrant|he/she|is criminally |he/shelexceeds|his/herlauthority or exercises

liable where it with unnecessary


cause, of a 2235, 2236!.

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

Printed: 08/20/2003 0s=4s=s4 Page

I is

WIND ATIITITIWIWWIIIIIIWF

Han1&#39;ID: LHBSAP1

LEGAL HANDBOOK

SENSITIVE FOR SPECIAL AGENTS PART

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!,

possession of property Title 18, USC, Section

Agents are empowered to seize for


including money,
is to be prepared

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

HCRT#: 915 Div: D9


of Honey

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.

**EffDte: 05/01/1985 5-2.2.18 Freezing

HCRT#: 0

Div: D9 Issuance of

Cav: SecCls: a Search Warrant

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

no entry to the premises has yet occurred,


believe entry is necessary to

but
be

protect themselves

or others made. Upon

or to prevent the eliminating the

destruction of threat to their

the evidence, entry may safety or the evidence,

the Agents should then

leave and secure the premises from the outside.

! 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
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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

the warrant must begin promptly.


premises might lead a
unreasonable.

An unjustified prolonged

"freeze" of
of the premises to be an Agent&#39;s

court to find the seizure if entry

Additionally,

is made based on

or|on probablethat cause

reasonable|suspicion|that entry

evidence will be destroyedland itemsof

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

dangerous instrumentalities is necessary to

are observed, assure the safety

e.g.,

weapons, explosives, etc.,

they should be seized or otherwise

secured immediately

such action

of the Agents|or|others. !
**EffDte:

|Deleted|
MCRT#: 915 Div: D9 Cav: SecC1s:

07/26/1999

5-2.2.19

Searching and Seizing Computers See HIOG,

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&#39;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

determiningwhat should actually be searchedand/or seized. Probable


cause to seize a computer may not necessarily mean there is probable
cause to Printed: seize the entire computer system and all of
SENSITIVE

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08/20/2003 06:43:34

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"TIIIIFTT

WIS

H --s

. -,.,....~

._ ...

_...._.

..

SENSITIVE

Manl-ID: LHBSAP1

LEGAL HANDBOOKFOR SPECIAL AGENTS PART 1

hardware. Each component independent consideration.

of a computer system should When preparing a warrant,

be given only those

components for which there is


searched or seized should

an articulable
be listed. For
Questions should

independent basis
additional guidance

to be

regarding the
Chief Division

search and seizure of


Counsel.

computers, see "Federal


56 CRIMINAL LAN
also be directed to the

Guidelines For Searching and REPORTER, Page 2023 994!. **EffDte: 10/09/2001
5-3

Seizing Computers,"

HCRT#:

1159

Div:

D9 Cav:

SecC1s:

EXCEPTIONS T0 IINTRODUCTION: REQUIREMENT

THE SEARCH

WARRANT

A warrantless

search is

presumptively unreasonable.

However, there
While

are recognized exceptions to


authorize Agents

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&#39;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

|Revised and Hoved 5-6.3| to


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06:43:34 Page

16

and .

. ._-

__...__ .___

__ __ ,___ , ,,_7____n&#39;||||>-~-

Haul-ID: LHBSAP1

LEGAL HANDBOOK

SENSITIVE FOR SPECIAL AGENTS PART

**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:

5-4.1 Exceptionlto Warrant 2, Search | Sce HIOG, Part


10-18.3.!

Bureau policy Printed: 08/20/2003

requires Agents

to obtain

search warrant: 17

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2 T1 EFTT""&#39; &#39; " TW WIm&#39;TIMMW" _ IT"IWI HTIWIWmMW" WHITE A

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Hanl-ID:

LHBSAP1 LEGAL HANDBOOK SPECIAL AGENTSPART FOR 1

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

to establish that the personproviding consenthad actual or apparent| I


and the consent was voluntary.

**1:snt== 10/09/2001 MCRT#: 1159 Div:

n9

Cav:

SQCCIIS

I5-4.3|

Lawful Possession | Formerly 5-4.2!] |


Agents seeking permission to search without a warrant must
to give it. Only a person in

obtain consent from a person authorized not the equivalent of

lawful possession give consent. He/Sheis the personwho may


currently possessesthe premises or personal property. Ownership is
lawful possession where the owner has

temporarily yielded his/her right to possess, as in the case of


landlord and tenant, or innkeeper and guest. Nor is lawful presence the same as lawful possession. A guest or invitee, lawfully on

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

premises, is generally not authorized to give up rights possessed by

carefully questionany personpresent whomight be of help in deciding


who is authorized to ascertain
control.

to consent.

The Supreme Court has held that a valid and are therefore reasonable

property. This assumes that the Agentshave madea goodfaith effort


who has actual control,

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|

Joint Possession | Former1y 5-4.3!|


Where ! two or more persons jointly possess the

property, any of the individuals may consent to the search, at least

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

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Hanl-ID:
consent of

LHBSAP1LEGALHANDBOOK FOR SPECIAL AGENTS PART l


another. Thus, the joint tenant in an apartment may

consent to a search of all cabinet,


should

commonlypossessed areas and things within or


and

the premises, such as the bathroom, kitchen, linen closet, china


but may not consent to the search of a bedroom or closet
not be undertaken where both joint possessors are present,

briefcase possessed exclusively by the other tenant.


one objects to the search. The rules relating

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

employee. Thus, by terms of


of the parties, or by

an employment contract, an understanding

acquire a reasonableexpectation of privacy in his/her desk or locker


or toolbox, and his/her employer would not be empowered permit a to search thereof. The capacity of an employeeor agent to permit the search of business premises depends upon the authority given
consent to search business premises,
While a search warrant

accepted customand practice, an employeemight

him/her by
available.

his/her employer principal. or A

in the absence of

Bureau Agentseeking
the resident
records business

manager,should obtain consent from


be searched by
records **EfDte: custodian or resident 07/26/1999 HCRT#: 915

the highest rankingofficial


is preferred, may

consent. Such consent should be obtained from


official in charge. Cav: Div: D9

the
SecC1s:

I5-4.5|

Voluntariness | Former1y 5-4.4!] |


The critical issue in any consent search is whether the

consent is voluntary; that is, whether it is the result of a free and unconstrained choice. It is the government&#39;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

search, the manner request, the display of of


mental condition of force or threats, the consenter. however, will

weapons, physical or the

Formal custody alone will

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.

Likewise, fraud, deceit, or misrepresentation will taint the consent.


But a consent to enter, operation, is proper.

obtained by such means in an undercover


SENSITIVE

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O8/20/2003

O6:43:34

Page 19

""TI1I1T"&#39;TT"

SENSITIVE

Hanl-ID: LHBSAP1 **EffDte: 07/26/1999

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

Amendment rights was

administered before

the consent.

Nevertheless, since

bearing onthe voluntariness of consent, Agents|shou1d|inform


individuals from withhold consent.
Search Form,

|
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

FD-26 is to be used for consents, but will not

this purpose. In the event an sign the form, Agents should


The form

the FD 26.

completed exceptfor the signature of the consenting party, and Agents


thereon the consent, preferably

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:

I5-4.8| Limitations on Consent l Formerly 5-4.7!]


The consenting party controls limitations. Cav: SecCls: the conditions of a search.

|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

Consent | Formerly 5 4.8!| I


nor a failure to object can be considered

Neither silence

a voluntary consent. Agents should not rely on such conduct or any other ambiguous response as a relinquishment of Fourth Amendment

rights. Rather, they shouldobtain an express consent writing in


FD-26!, or where that is not possible, Div: 09
SENSITIVE

a specific

verbal consent. cw: SecC1s:

**EDte: 07/26/1999 ncnr#= 915

Printed: 08/20/2003 06:43:34 Page

20

&#39; "Trill???"

i*l " WM

.. -

H-us | in mum 92

Al

II 1 1 M Mill 92-u aumanu 92

SENSITIVE

Hanl-ID:

LHBSAP1LEGALHANDBOOK SPECIALAGENTS FOR PART 1

I5-4.10

Receipt Formerly 5-4.9!| Areceipt| FD~597!|is prepared given the to be and to I


original for the case file. Cav:
in duplicate,

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

copy for the consenter, the

| See

one

**EffDte: 07/26/1999 HCRT#: 915 Div: D9

SecCls:

znsnczncv SEARCHES Appendix, | See 4-1.!! |


! In general: The law recognizes the
searches when it

authority of
to

Agents to conduct warrantless

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

When Agentshave reasonable suspicionthat there

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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Page 21

H*T1HIF T7"

" *TUUTWIm TIMMW &#39;WMWl A &#39; IT&#39;IWM HT&#39;lI m M""

SENSITIVE

Hanl-ID:

LHBSAP1 LEGAL

HANDBOOK FOR SPECIAL AGENTSPART activity or contraband.

evidence of criminal

The purpose of the

search is to protect the arresting Agent, prevent escape, and preserve

any evidencein possession the arrestee. of


search.

The right to search flows

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.

The imposition of physical custody is the key to any such


made arrest|should|be by two or more

**EffDte:

10/O9/2001 HCRT#: 1159 Div: D9

Cav:

SecCls:

|5-6.2

Prerequisite: LawfulArrest Formerly 5&#39;3.2!


! For a search incident to arrest to be lawful the

arrest itself
suffice

must be lawful.
lawful

The existence of probable cause will


arrest. The best assurance&#39;that the

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,

entry into premisesto arrest mayalso affect the validity of search


incident to arrest.

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&#39;s premises, Agentsare to comply with the
in order to ensure that the arrest is lawful.

Entry into Suspect : Premises: In addition to

is lawful.

In the case of entering the defendant&#39;s premises to

requirements forth in section5 2.2.2, entitled "Manner Entry," set of


**EffDte: O7/26/1999 HCRT#:915 Div: D9 Cav: SecC1s:

I5-6.3

Scope Timing and Requirement Formerly 5-3.4, 5-3.7,


and 5-3.9!

Scope of Search a! Person of arrestee and area within the

arrestee&#39;s immediate control:

following a

lawful arrest an Agent

is

entitled in all cases to search the person of the arrestee and the area within the arrestee&#39;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&#39;s actual possession, suchas clothing, purses,briefcases,grocerybags,
etc. The area within the arrestee&#39;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

of personal property not besearched. thereis probable may If cause


to believe they contain evidence,they may be
Vehicles:

seized, and a search

92

Following a lawful custodial arrest

compartment the vehicle may of be

or occupant of

a vehicle,

occurs within or in close proximity to the

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

vehicle and the

long as the

passenger

arrest

search

glovecompartments, luggage, bags, clothing,etc. See 5-7.!


c! Protective Sweep: Following a lawful

within premises, Agents properlyconduct protective sweep the may a of


areas immediately adjacent to the site of the arrest for the purpose

arrest

of locating personsthat mayposea threat of safety to the Agentsor others. In addition, a protective sweep other areas, beyondthose in

must be basedon facts known must be limited to arrest. a brief

posing danger those the arrestscene.Reasonable a to on suspicion


or the at-large status of a

the Agentspossessa reasonable suspicionbasedon specific and articulable facts that the area to be sweptharbors an individual

immediately adjacentto the site of the arrest, may conducted be if

premises which couldconceal person a capable interfering with the of


evidence plain view, it may seized in be under
! Timing: Thesearch of

inspection of only those areas within the

dangerous associate. A protective sweep that doctrine.

to the Agentssuchas noises in an attic

If an Agent, while conducting protective sweep,observes the a personincidental to arrest

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:

the persontaken into custodyis still

or shortly

I5-6.4

Inventory Personal of Property Formerly 5-3.8!

Items of personalproperty removed from a personwhohas beenarrested and is to be incarceratedshouldbe carefully


SENSITIVE

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06:43:34

Page 23

lllw f

SENSITIVE

Hanl-ID: LHBSAP1

LEGAL HANDBOOK FOR SPECIAL AGENTS PART1

receipt for

inventoried by

such property should be prepared and given to the


locked or its contents
not be

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

such containers caretaking


to a search

are
warrant

locked or
container or
function must

sealed great

care must be taken to minimize


access. This
construed as

damage to the

whenever there is probable


contraband is inside

cause to believe that


Under those

evidence or
circumstances the Cav: SecCls:

container should be secured until


**EffDte: 07/26/1999 HCRT#: 915

a container.

a search warrant can be obtained.|


Div: D9

5-7 IMOTOR

VEHICLE EXCEPTION Formerly 5-7.1!


search of a vehicle is permissible where

A warrantless

Agents have probable cause to

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

a crime and the Agents have lawful access

believe the vehicle contains evidence of


to the vehicle. Since the

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

obtaining awarrant before using thevehicle exception. See 5-6.3.!|

5-7.1 |Hoved

to 5-7|
Cav: SecCls:

**EffDte: 07/26/1999 HCRT#: 915 Div: D9

5-7.2 [Moved to 5-a.1and 5-a.2|


**EffDte: 07/26/1999 HCRT#: 915 Div: D9 Cav: SecCls:

5-7.3 [Moved to 5-8.3]


**EffDte: 07/26/1999 HCRT#: 915 Div: D9
SENSITIVE

I
Cav: SecCls:

5-7.4 |Deleted|
Printed: 08/20/zoos 06:43:34 Page

I
24

&#39; """"

WIMHIW

nu can

111 _.<-92-hi .._ .

. -.. lllll -H-|-ii-.-.-W... w-I

SENSITIVE

Hanl-ID: LHBSAP1
**EffDte: 07/26/1999

LEGAL HANDBOOK SPECIALAGENTS PART1 FOR


HCRT#: 915 Div: D9 Cav: SecC1s:

5-8

|INVENTORY SEARCHES
may have reason for reason to seize searching the

In certain situations, Agents personal property but have no investigatory

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

FBI&#39;s policy conducting inventory searches. on

This caretaking

function is based on the need to protect the property owner&#39;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

of the Inventory Search Formerly 5-7.2!


personal property, a prompt thorough search

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

and HIOG, Part 1,


2, Section 2, re

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

Manl-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PART 1


have a routine administrative caretaking responsibility regarding the

custody, storage, and inventorying of the contents of the


The following procedures should
! The U.S. Marshal receipt for or as soon

vehicle.

be used whenever Agents impound


should be contacted to arrange for at the

vehicles:

storage if
time of

no adequate Bureau facilities


!A the seizure the vehicle thereafter

are available.
should be prepared as practicable.

including trunk
locked or
the results
limited to, the

!A

and glove box! and any containers therein, whether


be conducted and an FD-302 prepared showing
FD 302 should the car include, but not be VIN, inventory. The
following:

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

from the and

c! Listing
unattached parts left in

accessories, tools, condition

the vehicle

d! Notation and briefly &#39; e!


motor, radio, battery,

describing the

of the

body

and upholstery specifically naming


stating the damage! Listing
spare tire,

the damageor deteriorated areas


missing items
etc.

of all

such as keys,

See 5-8.1 re use of FD-653.!|


**EffDte: 07/26/1999 HCRT#: 915 Div: D9 Cav: SecC1s:

|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

statute may for use, or was

is probable

believe it

acquired in violation
business under

is being

used, has

for example, may seizean automobile being usedin an illegal gambling


authority of the U.S. Attorney should be obtained prior to any such seizure. Moreover, absent exigent circumstances, a search warrant
should be obtained before seizure when such an action is planned or Title 18, USC, Section 195$ d!. Where possible,

of a statute

been used, is intended

that permits forfeiture. Agents,

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

Printed: 08/20/2003 06:43:34 Page

26

SENSITIVE

Hanl-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PART 1 over to the
5-2.2.16!.

U.S. Marshal as soon as practicable


HCRT#: 915 Div: D9

see Section
Cav:
SecCls:

**EDte: 07/26/1999

|5 9[ MARKING

EVIDENCE IDENTIFICATION | Former1y FOR 5-8!]


legally seized

carefully marked for identification.


a character as not to LHJUIO obliterated. Their

All articles

These markings should be of such


should be made possible such as to make_it

as evidence should be

the evidence itself. They

in such a manneras to preclude the possibility


character 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

numbers should be recorded by the Agent finding original notes preserved.


**EffDte: 07/26/1999 ncnT#= 915 Div: 09

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.

customs SERVICE | Formerly 5-9!]


Cav:
SecCls:

**EffDte: 07/26/1999

HCRT#: 915 Div: D9

|S-10.1] Authorityof Customs Officers | Formerly 5-9.l!|


SENSITIVE

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Page 27

~ 9-

mm

SENSITIVE

Hanl-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PART 1

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:

I5-1O.2| Diplomatic Personnel | Former1y 5-9.2!|


The policy of the FBI with reference to diplomatic or similar official personnel of foreign governments is that Agents will not request or conduct an examination or search of their baggage or
when information

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

I5-10.3] Non-Diplomatic Personnel | Formerly 5-9.3!|


requested to make the search ofmaterial of importance to the
security of
an examination in the capacity of observers only. The local office of the U.S. Customs Service should be

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:

the United States in the possession of persons who donot

national

|5 11| n11=|.orwr1c IMMUNITY | Foi-mei-1y 5 10!|


representatives offoreign governments the purpose of for making a
search or seizure see Section 3-12, Diplomatic Immunity!. Cav: SecCls: **EffDte: 07/26/1999 HCRT#: 915 Div: D9

Agents may enter the office or dwelling of diplomatic not

5-11.1 [Moved to 5-12.1]


SENSITIVE

I
28

Printed: 08/20/2003 06:4334 Page

mm

"

SENSITIVE

Manl-ID: LHBSAP1

LEGAL HANDBOOKFOR SPECIAL AGENTS PART 1

**EffDte:

07/26/1999 HCRT#:

915 Div:

D9 Cav:

SecCls:

5-11.2 [Moved
**EffDte:

to s 12.z|
D9 Cav:
SecCls:

07/26/1999 HCRT#: 915 Div:

5-11.3 |Moved
**EffDte:

to s-1z.s|
915 Div: D9 Cav: SecCls:

07/26/1999 MCRT#:

|s-12|
**EffDte:

FIRST AMENDMENT PRIVACY PROTECTION | Formerly 5-11!|


07/26/1999 HCRT#: 915 Div: D9 Cav: SecCls:

|s-12.1|

Limitations on Search Authority | Formerly 5-11.1!]


The Privacy Protection Act
media. In

of 1980

restricts the
of its

authority

of FBI Agents to search for


written and electronic news

and seize evidence in possession


addition, because

of the
broad

language, the

statute affords

protection not

only to

the institutional

press newspapers,
criminal offense

magazines, radio, and television!,


to search for or seize work product

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,

or possessed by a person reasonably believed to


materials to

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

connection with a possessed by a person in book, broadcast, or similar a newspaper,

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
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06:43:34

WHIH" &#39;

mans sm

--mmlnlw

.| .

-. M] ..-. .

..-u-.-....s.._....

Manl-ID: LHBSAP1

LEGAL HANDBOOK

SENSITIVE FOR SPECIAL AGENTS

PART 1

either work
probable

The Act does not product materials


cause to believe the

prohibit the search for or seizure of or documentary materials if there is


possessor thereof has committed or is

committing a crime to possessory offense!.


category of

which the materials relate Nor does the Act bar the
there is a reasonable

exclusive of a seizure of either


belief that seizure

materials where

is necessary

to prevent

death or to the

serious bodily

injury. materials only destruction or order

In addition may be seized if: ! issuance


concealment of the materials;

foregoing, documentary would cause

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

FOR nocunanrs POSSESSION IN or THIRD PARTIES


06:43:34 I Page 30

"TI HTT"T "&#39;

ITWWWIWITIWWTM "WWTW MUITIIWMWITMNIWMWTH I

SENSITIVE

Man1*ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART1

| Formerly 5-12!]
**EffDte: 07/26/1999 hCRT#: 915 Div: D9 Cav: SecC1a:

|5-13.1| Attorney

General Guidelines| Formerly 5-12.1!]

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

persons or organizations not

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

those on which information


or printed matter,

in addition

such things as photos,


which information

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

Exempted from the guidelines


! Audits,
federal statute or contract;

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:

FORAGENTS SPECIAL LHBSAPI LEGAL-HANDBOOK

SENSITIVE

PART l

!
!

Border Consent

searches; searches;

of persons unknown
with a request.

Obtaining abandoned materialsor those

who cannot

in possession or presented beserved a subpoena with

**EffDte: O7/26/1999 HCRT#: 915 Div:

D9

Cav;

SecCls:

-4.4.17.! ls-1s.492 Procedures See MAOP, 2, 2-4.4.5 2 Part and

| 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

the Whilesearch warrants discouraged, are

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

physician, lawyer, clergyman, materials or and the cont

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!

Use of a less intrusive means wou

itions:

bythe U.S. Attorney appropriate or Department s recommended of Just


and authorized a Deputy by Assistant Attorney General. official! ice for this authorization should made writing shThe request be in and the application thewarrant, wellasa briefdes include for as uld

c! Theapplicationfor the warranti

procedure.anemergency, In theauthorization o may be


the U.S.
and justification within 72 hours.
SENSITIVE

facts andcircumstances supporting useof the searc the ription

of the

theDeputy Assistant Attorney Generalnotified th is of

Attorney appropriate or Departmental official

warrant tained from , so long as

authorization

Printed: O8/20/2003 06:43:34

Page

32

WMIHIW it !

Hanl-ID: LHBSAP1 HANDBOOK AGENTS 1 LEGAL FOR SPECIAL PART


**EEfDte: 07/26/1999 HCRT#: 915 D9 Div: o Cav:
SecCls:

SENSITIVE

Formerly 925-13.51 Choice or Less of Warrant Intrusive Means 92

s-12.s>|

alternative less intrusive means, such as subpoenas summonses, or


obtain documents, Agents shouldconsider:

In choosing whetherto use

the searchwarrant processor


to

! Whether use ofthe alternative means tl wi give advance noticethe government s interest, there ulting of with

likelihood of destruction, alteration, concealment or of


obtain the documentary materials.

sought;

thedocuments
need to

! Whetherthe government an has immediate


**EffDIO2 07/Z6/1999 HCRT#: 915 D1V: D9 CSVZ
SecCls:

I5-l3.692 Sanctions l Formerly 5-12.6!|

iate Exclusion evidence a of as remedy failure to comply for


guidelines is expressly prohibited.

disciplinary actionthe by Agency which the in violator


**EfDte: 07/26/1999 HCRT#: 915 D9 Div:
SEN5ITIVE

Violation of

the guidelines requires appropr

is employed.
with the SecCls:

Cav:

Printed: 08/20/2003 06:43:34

Page 33

Han1&#39;ID: LHBSAP1 LEGAL HANDBOOK AGENTS 1 FOR SPECIAL PART


SECTION 6. EYEHITNESS IDENTIFICATION

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

implicates a variety constitutional aspolic of aswell


are the

92The an use eyewitness teczrique of identification


all i

identification testimony to andmakecertain that

witness.I
**EffDte: 07/26/1999 I6-1.1

roductthe honest, of independent recollection

entifications ofthe
SecCls:

MCRT#: Div: D9 915

Cav:

Initial Description Theinitial description the subject of obtain

witness should asdetailed possible. be as Information d from

should include many as details possible as regarding th characteristics clothing thesuspect. init obtained and of This
**EffDte: 01/30/1997
6-2

the

description essential ofany is an part subsequentphysical line


HCRT#: Div: 583 D9 Cav:
LINEUPS

**EffDte: 10/27/1978
6-2.1

HCRT#: Div:D9 0

3 up-92 Cav:
al SecC1s: SecCls:

WhenConducted

a case one which is in identification witness a by a is


conducta lineup are the following:

A lineupshould heldonlywhen be clearly n

factor, andthe witness sounfamiliar the accus is with

identification uncertain. is Other significant factors

considered Agent making by the in a determination of wh


!

ed that significant of other amount evidence, asanadmiss such

OtherEvidenceIf thegovernment critical pos

ecessary.

Such

which codefendant, a confession,physical or evidence, eyewit identification beunnecessary may and considerationther sho

may b
to

foregoing a lineup. is especially when e This true the


recollection is weak.
SENSITIVE

E55? 1
ewitness&#39; s

ld be given to

Printed: Os/20/zoosoe=as=s4

Page

.-wWI"mFT?.-lf .wTmWW WT]MmT_

Hanl-ID: LHBSAP1 HANDBOOK AGENTS IPART LEGAL FOR SPECIAL

SENSITIVE

appearance is or uncommon unusual,and difficulty ex rienced is locating suitable elimination participants, consideratio should be
given to not holding a lineup.

! Unusual AppearanceSuspect of -If

the uspect&#39;s

the suspect recognized and him/her during offense, lineup may the be
unnecessary.

! Prior Knowledge - witnessacgrainted with If the is


! Inconvenience- If the suspect in custody is a great

Consideration should given tousing photographic be identification


procedures.

distance from witness, a lineup may not feasible. the be

lineup ifthe defendantthreatens disruptive tactics. See 2.l0, 6


Refusal to Participate.!

! UncooperativeSuspect It maybe unwise hold to a

Attorney If thereany uncertainty about necess&#39;ty is the or wisdom can be made while reviewing the proof with USA the when seeking
a warrant. authorization for

! Consultation with92Chief Division Counsellor U.S.

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.

place. The[Chief Counsel92should Division be notifiedif ald,


possible, attend

Oncelineup has been a scheduled, the should Agent

**EffDte: 01/30/1997 583 Div: HCRT#: D9


6 2.3 Defense

Cav: SecCls:

Objections toProposed Lineups

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.

**EffDte: 10/27/1978 MCRT#: 0 Div: D9


6-2.4 Right to CounselSee 6 2.4.2 !.!
SENSITIVE

Cav: SecCls:

Printed: 08/20/2003 06:43:34 Page

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

The legal right to

the presence of a lawyer

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&#39;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 &#39; for shall be
he/she
d one

If a suspect voluntarily appears in a lineup

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

serqices attorney his/her own of an at expense. If the


to retain
the presence of a defense attorney.

Form FD-404, a Your Rights The lineup b at Lineup. may


**EffDte: 01/30/1997 6-2.4.2 Lineups MCRT#: 583 D9 niv= Cav: After Arrest or Initiation of Prosec
ution

counsel, is it not necessary obtaina to waiv

to secure

the

suspect

fails

ror execute held without

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.

,and arrested and charged with Theft from Interstate Shipmen

subsequently is developedbank a as robbery suspect, hewould no have d for


r the witnesses of the bank robbery. This ruleapplies wheth suspect informed If such a lineup is contemplated, suspect the should be well

in advance lineup thathas legal to attorney of the he no right En at


the lineup and one notbe appointedrepresentm. If or th e will to h counsel,

suspect already represented or appoints is by retained

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

unnecessary to a obtainwaiveror executeForm FD-404.

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

arrested or charged. he cannot afford he th to If one, has right


of counsel pursuant to Section 6-2.5.

**EffDte: 10/28/1978 HCRT#: 0 Div: D9

Cav:

SecCls:

6 2.5 Waiver

of Counsel See 6-2.4.2 !.!

l! Lineups After Arrestor Charges If the defendant has has no counsel at timeof the the lineup, or his counsel not

appeared, the defendant should if is willing appear be asked he to in


the lineup without the benefitof counsel. If he is willing, he should be requested to waiver counsel by signing FD-404. Form
! Execution of Form FD-404 All blanks *
n Form FD-404

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

appear without counsel

! Refusal signthe his willing toForm form, SignIf suspectto %s but willnot the
ords should be

" paragraph

on

make the waiver anything other than


choice.

nust be voluntary. Agents should not say anythin door uspect&#39;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:

purposes. lineup shouldbe The not conducted sutpectnot if the is


represented by and counsel refuses to executethe waive
**EffDte: 04/28/1978 MCRT#: 0 Div: D9
6-2.7 Role of Defense Counsel
lineup at defense attorneya
SENSITIVE

U.S. represented by counsel and refuses to waive counsel, lineup th for Attorney

If the

suspect is entitled to a lawyer but

ts not

should be asked to request the court toappoint counsel


Cav:

SecC1s:

The proper functionof a


Frinted: 03/20/2003 06:43:34

is

Page 4

Wmmrn.

&#39;

.mH_ ,

SENSITIVE

Haul-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PART

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.

permittedto make suggestions concerning procedure r the o


lineup. TheAgent shouldattempt to incorporate any rea

l!

Lawyer&#39;s Suggestions The defense lawy -

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

duringthe lineup. Anyattempts disrupt the lineup to s

! Participation During Lineup The attor instructed not to converse with the lineup participants ey should be
r witnesses ould be noted ndant

by the Agentonhis FD-302.If the attorney the for def

obstructsthe identification, he may excluded be fromthe lineup room.


In the event a defenseattorney is excluded, the U.S. At torney should ! Presence Moment Identification at of
If

be contacted before resumingthe lineup.

practicable, witness the should the identificationattempt make

in the

lineup when suspects visible.Defeng room the are still


should present immediately be and informed an identi if
! Presence Postlineup Interview at of Ni

made. He shouldnot be allowed to communicate with the

e counsel ication is witness at

this time, nor participate in the identification process


ness thus nesses. The should

right to counsel not extend interviews does to with lin


after the conclusion of ! Contactwith Government Witnesses Afte

up witnesses

be excluded fromthe postlineup interviewsof lineup wi


defense attorney if

the lineup. The suspect : lawy r

ik the Lineup Thelineupwitness be told that he mayspe with may


ld obligation so. The todo witness and name addresse witness.be sho: not

Completion of

he wishes, but that he is under no l egal t

revealed to the defenselawyerwithout the consent of **EffDte: 04/28/1978MCRT#: 0


6-2.8

Div: D9

Cav:

SecCls:

SuggestedLineup Procedure All FBI lineups should comply with the proc
dures proce ures are to s done or said

discussedbelow. Theprimary objectives of

eliminate suggestivenessmake and certainthat nothing &#39; the lineup. This will !

these

by the Agents distinguish suspect to the fromother par icipants

in

assure accurate reliable ide tifications. and

Number Participants At least six ! persons, of SENSITIVE

including the suspect, shouldbe included.

Trinted:

08/20/2003

06:43:3h

Page

T TITIITTT M 4&#39;"

WWI

&#39;

--

-T... |QI92l92ll||1>

.an

92|-A l|....ss.us| ||_uu|.u|u

Manl-ID: LHBSAP1

LEGAL~HANDBOOK FOR

SENSITIVE SPECIAL AGENTS

PART 1

the same and and similar physical race sex be in description.


! Persons Known to Nitnesses Persons known to the

! 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

B not the be itnesses,


he or
in or

his

"8

observing a lineup
attention to

should not do or say anything to call the


Agents should not comment

witness

the suspect.

on the validity

of an

identification made ! Distinctive wear distinctive


attire or ! Voice

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

to speak for voice


state the

identification if
being viewed by the

all participants
None of the lineup

same words or phrases.

pa ticipants,
mself

including

the suspect,

should be required to

identify hi

individually when make certain

witnesses. poses. All


ther lineup

gestures or 9! Multiple

8! Compelled The suspectbe Action can iompelled to


assume particular Witnesses

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

witnesses. - The witness should witnesses should b


asked to make

0! Identifications

an identification
within view of the

during the
of the

lineup, when the lineup


presence of other witnesses.

pa

ticipants are

witness. Multiple

identifications out

of a positive identification, signed statement setting forth


the identification.

the witness should be the reasons which persua

ake ask In the event


d to ed him execute e to make

ll! Photograph photographs of the lineup


in the case file
fairness of the lineup

of Lineup rFrontal and pro participants should be taken


use as evidence in Agent in the e charg

for possible

ile

is challenged.

nd preserved
nt the

is to prepare memorandumhow a complete on an; FD-302!


of the lineup
where the

l2! Record

of Lineup

- The

lineup was held. The

memorandum shouldinclude 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|

92lI.|ImuI92llll,., Ll-alllll lllll

SENSITIVE

Manl-ID:

LHBSAP1 LEGALHANDBOOK FOR SPECIAL AGENTS PART

suggestions Ob]OCt1O made the defenseattorney shouldbe or l by noted FD-302&#39;s describingtheir roles in the lineup.

in the FD-302. OtherAgents assisting in the lineup shall prepare Div: D9 Cav:

**EffDte: 04/28/19780 HCRT#:


6-2.9

SecCls:

Lineups Conductedby Local Authorities

and personnel might have to be used to conducta lineup.| In


above.

It is recognized that in some instances local facilities


that

event, efforts should takento assurethat the procedures be usedby Div: D9

the local authorities substantially conformto the procedures outlined

**EffDte: 04/28/19780 MCRT#:


6-2.10 Refusal to Participate

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.

perform certainacts!, he should informed he has!no be that tight to

refuses to performrequired acts in the lineup utter certain Swords,

participate in

An in-custody suspect has no

a lineup. If a

suspect refusesto participate or

right

to refuseito

compel participation, employing or photographic identifipation


Div: D9
a

**EfDte:04/28/19780 MCRT#:

Cav:

SecCls:

6~2.l1

DetentionSuspects Lineups of for 6-2.0.1.! See


When probable for arrestis notpresent, when cause or an
compel the

arrest is not desirable, two possibilities are available to


suspect to appear in a lineup:

! 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

seeking the to atgesignated an compelling a order suspect appear


is reason suspect theperion to that named or
comitted the offense.

described in the affidavit


named in the affidavit

committed, that there

the lineupwill be of material aid in determining whether person the

committed the offense, and the results of

! Printed: 08/20/2003

Grand SubpoenaU.S. Jury The


SENSITIVE

Attorney be may Fage 7

06:43:34

M .-mm.

92Mlll

nI,IM92Me92hUUMWW

SENSITIVE

Han1"ID:

LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1

requested to ask the Federal grand jury for s subpoena directing the suspect to appear in a lineup at a designated time and place.

**EffDte: 04/28/1978 MCRT#: 0


6 3

Div: D9

Cav:

SecC1s:

SINGLE SUSPECT CONFRONTATIONS

**EffDte: 05/30/1991 MCRT#: 0


6-3.1 When Permissible

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

arrest situations, preference should givento foregoihg single be the


lineup will cause a substantial delay in the identification
of the identification, or is and thus reduce the reliability suspect confrontation.

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

should proceed with Cav: SecCls:

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

these procedures are not mandatory, but are offered

guidance.

arrangethe circumstances the viewingto reduce of suggestiveness.


For example, the suspect may be positioned with severa1;Agents, or
exchange articles of clothing with the Agents or others.

Circumstances Viewing Agents of maybe able to

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

stoppedin a Printed: 08/20/2003

stolen car, or

that he/she possessed weapon fruits a or


SENSITIVE

06:43:34

"

Page

,..... .-.........

mm 1| 92lI1

IILIHIII

ulll

SENSITIVE

Hanl-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PART 1

of the crime, or that he/she admitted his/her participation in

offense. Thewitness merelyshould be informed that a person who fits

the

the descriptionof the suspect has been detained investigation. for


! Questioning Witnesses Agents should phrase questions of witnesses soas to avoid suggestingthat the person
stopped has been arrested or is
isn&#39;t it?"

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

of the crime. For

! Commentingon Validity of Identification "Agents


made by a

witness during

**EfDte: 05/30/1991 HCRT#: 0 Div: D9 Cav:


6-3.3 Place of Confrontation

SecC1s:

vicinity of
suspect shall

a crime

l! After

shortly after

Arrest -If

its commission is arrested,


the place of arrest, him/her from

a suspect found in the general


the The consent of the
the arrest the scene site

of the crime, or any other appropriate place.


to another location for

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.

**EffDte: 05/30/1991 HCRT#: 0 Div: D9 Cav:


6-3.4 Multiple If there
witnesses who did not

SecCls:

Witnesses are several


view the

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.

**EffDte: 05/30/1991MCRT#: O Div:


6-3.5 Right to Counsel

D9 Cav:

SecCls:

A suspect who appears in a single


SENSITIVE

suspect confrontation

Printed: oa/20/2003 06:43:34 Page

~-m .~mm.

.u|||

nI..IuMMi.h HMWW

SENSITIVE

Maul-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PART1

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.

**EffDte: 05/30/1991 MCRT#: Div: D9 0


6-4
91-8 8!.!

Cav:

SecC1s:

PHOTOGRAPHIC IDENTIFICATION 21106, See Part I,

**EfDte: 05/30/1991 MCRT#: 0

Div: D9

Cav:

SecCls:

6-4.1

When Conducted LHBSA, 1, 6-4.6.!| | See Part I

! 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

techniques may be used, however, Agents should consider whether a

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.

Similarity of Photographs There shouldbe a -

reasonable attempt to use photographsof other persons who resemble the suspect. The photo print itself should not be dissimilar to other

be repeatedly shownto witnesses whohave madeidentifications in furtherance of a legitimate investigative purpose.

Multiple Displays~ Photographic displays should not


unless

Comments Agents Agentsshouldnot indicate in by


SENSITIVE

any manner which photograph is of the suspect. Agents should not

comment the status of the investigation or on the validity of an on

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06:43:34

Page 10

~ ~ ~M~

-*&#39;- HI< I~W92W~mMUMmW

SENSITIVE

Manl-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PART 1


identification.

! Multiple

Witnesses ~ No witness should

view the

photographs in circumstances his/her ability or inability

which permit other witnesses to ascertain to identify the suspect.

! Indications
locate and utilize photographs

of Criminality
which do

- Agents should attemptto


indications of

not show

criminal misconduct by the individuals depicted


and where feasible,
available, it
masked over.

in the photographs,
be covered or

indications of criminality.

use photographs without number boards or other

If mug

shots are the only photographs


number boards

is preferable

that the

**EffDte: 07/26/1999 HCRT#: 915 Div: D9

Cav: SecCls:

6-4.3 Retention
identifying the
should be

of Photographs | See 6-4.6.!|


shown to any witnesses for the
under the

I
was made,
of the

All photographs

suspect, whether or not an identification


and remain

purpose of

field office

specifically identified if necessary.

or be otherwise recoverable, so that they will Cav:


Identification

control

producible,

**EffDte: 07/26/1999 HCRT#: 915 Div: n9


6-4.4 Written Record of Photographic

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

or Scratches - The purpose or absenceof any


or other
should be

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

Printed: oa/20/2003 os=43=a4 Page

11

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.I92 ml Hill . 92-|.|l|1|L||||u

SENSITIVE

Maul-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PART 1

, ! 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

display should be recorded.

Agents who

pertaining to

to the witness in connection with photographic the display, and


the identification, should be noted.

! Statementsby Agents statement made Agent - Any by an


of Identification
of the

positive identification, he/she should asked furnish a signed be to


statement furnishing the details identification.

8! Details

- If the

witness makes a

**EffDte: 07/26/1999 MCRT#: 915 D9 Div:


6-4.5 Right to Counsel

Cav: SecC1s:

present at a photographic display, whether the display is before or


after arrest.

A suspect does not have the right to have|his/herllawyer D9 Cav: SecC1s:

**EffDte: 08/27/1982 MCRT#: 0 Div:


6-4.6 Displaying

Bank Robbery Surveillance Photographs

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

! Witnesses of Depicted Robbery Bank Robbery not 6-b.2 is inapplicable.

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&#39;l #: 0 Div: D9
6-4.7 Release

Cav: SecCls:

of Photographs to the News Media

assist the news media photographing televising a defendant or in or accused person being held or transported in Federal custody.
SENSITIVE

| !| FBI personnel should no take action to encourage or


12

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<

WWW. ,

I-.1 In "ll MIL. j MIIJIIJMIIIU

SENSITIVE

Hanl-ID: LHBSAP1 LEGAL-HANDBOOK FOR AGENTS SPECIAL PART

the media photographs of a defendant unless a law enforcement function of a defendant who is a fugitive
proper law enforcement function

| !| Employees theFBI should make of not available to


from the justice is considered
under this

is served thereby. The release ofa bank camera photo a photograph or


a
and is permitted section.

**EffDte: 08/27/1982 MCRT#: 0 Div: D9


6-4.8 Photographing
Part II,

Cav: SecC1s:
! and MIOG,

Juveniles See 3-16.2


Section 4-2.2.3.!

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&#39;s and any local office, facility juvenile is incarcerated on Federal charges. to FBI in which a

|he/she|wi11 be as adult, the tried an or U.S. District judge consents I


Cav: SecCls:

**EffDte: 08/27/1982 HCRT#: 0 Div: D9


SENSITIVE

Printed: 08/20/2003 06:43:34 Page

13

,_n ._mM.

W111 nIt.InMmi.n UMWm

SENSITIVE

Manl-ID: LHBSAP1

LEGAL HANDBOOK SPECIAL AGENTS PART1 FOR


CONFESSIONS AND INTERROGATIQNS

SECTION 7.

**EffDte: 04/28/1978 HCRT#: 0


7-l IN

Div: D9

Cav: SecC1s:
7.! of an

GENERAL SeeM106, Part Z, Section The most important limitations

on the admissibility

accused&#39;s incriminating statements are the requirements that they be voluntary; that they be obtained withoutlthe government resortin to

accused&#39;s or present.| i to remain right silent a to lawyer have


outrageous behavior;|end obtained that they be without violatingfthe
cav: SecCls: **EfDte: 07/26/1999 ncRT#= 915Div: no
A conviction based on an involuntary statement, without

7-2 VOLUNTARINESS

due processof law.


legitimacy of a

regard to its truth

or falsity,

conviction.

|A|coerced confession undermine the I will


HCRT#: 915 Div: n9 Cav: SecCls:

is a denial of the

accused&#39;s right to

**EfDte: 07/26/1999
7~2.1 Policy

See M106, Part 2,

7-2.1.!

! It

l5 the policy of the

FBI that no attempt be made


promises. Whether an entirely to the individual.

to obtain a statement by force, accused or suspect will cooperate

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

|If after being

advisedof his/her

threats, or is left

rights, an in-custody

suspect

for purposes of Miranda.| ! During

See LHBSA,|Part1,17-4.!

an interview with a witness,

suspect, or

subject, Agents public sentiment grounds to

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

an interview with a witness, by such persons or if anything

believe that

subsequently such questions or

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

Printed: oa/zo/zoos os=as=s4

rPage

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4* .WWWlW TImWT&#39; &#39; IWI WP7MImnm" wmWWT"" WIT

...... .............

Ml 1|

92|-I .IwlI92Ull..92

SENSITIVE

Manl-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PART

1
SecCls:

**EfDte: O7/26/1999 MCRT#: 915Div: D9 Cav:

7-2.2 |Factors
! Courts

Affecting VoluntarinessFormerly 7-2.3!


use a "totality of circumstances" test when
the statement was a

product of the accused&#39;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&#39;s statement. Althoughit is not possible to predict in every case whether court will find, a
the circumstances presented, that

of charges; and experience of the

intelligence,

c! Physical
d! Physical
weapons, number of officers
e! f!

condition of the accused;


abuse, threats of abuse, use of

present; psychological pressure; food, sleep,


medication; interrogation;

Threats and Privation:

!
h! i!

Isolation, incommunicado

Duration of

questioning;

Trickery, ruse,
Advice of Promises of

deception;

J!
k!

rights; and leniency or other inducements.

! It merely illustrative.

mentioned abovewill not

must be kept in mind that the above factors are The presence of any one or more of the factors

necessarily make a statement involuntary.| Cav:


SecCls:

**EfDte: 07/26/1999 MCRT#: 915Div: D9 7-2.3 Ilioved


**EffDte: 07/26/1999
7&#39;3 WARNING

to 7-z.2|
HCRT#: 915 Div: D9
OF RIGHTS
SecCls:

Cav:

SecCls:

**EffDte: O4/28/1978 MCRT#: O Div: D9 Cav:


SENSITIVE

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06:43:34

Page 2

&#39;

L "WMWl

IT IHI mT*wImmnm~~

.... ............

HM 1| 92|I:

I:r.I.HJll...

Hllllllllillll

SENSITIVE

Mani-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PART 1


7-3.1 In General

attorney at this critical

to bewarned of right to the remain silent andthe right to an

|Prior to custodial interrogation,an accused entitled is


stage of the criminal prosecution. Failure

provingthat the

lUb]OCt to exclusion. Moreover, the government bears the burdenof

to warnrenders the productof interrogation

confession or admission!

rights prior to custodial interrogation.|

accused understood voluntarily waived those and

**EffDte: 07/26/1999 HCRT#: 915 D9 Div:


7-3.2 Policy
173-3 !-!

Cav: SecC1s:

See 7-4.1 l1! b! and HIOG, Part1,

the names and official identities of the interviewing nature of the inquiry, and must bewarnedof his/her
forth in
person:

! FBI

policy requires

that a person must be advised of

Section 7-3.3 before such person is interviewed a! Has been arrested and is in
government;

Agents, the rights as set


if the

custody, or

custody of a foreign

federal or state in his/her freedom

of action

to a degree normally associated with a formal arrest;

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

charge,|or alclosely related offense.|See| ! and| !.!

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

phrase is to be interpreted as meaning something

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&#39;s regardinghis or her mind
arrest. See

without consent factors likely to create the reasonable perception are


the person that he/she is not under
SENSITIVE

custodial status by telling


!.!

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_ ""TT1 lW"TT" ""

" "UUMIW&#39;TIWMH"" MmWn" ""nlT*snuwmwrwammnm~-

_.. ._.........

um 1|

92lI.1 I921LI92llIl... 92l|-ll|lll|||l|

SENSITIVE

Hanl-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PART 1

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 !.!

! The warnings and waiver are required where a person

offense when it is

offense. |An offense is considered closely to charged related the


essentially the same crimeor a lesser

interviewed about pending the charge or a|closely|related

fact, they are not considered closely related. Therefore,

that burglary without first being warned his/her rights and of waiving those rights because murder isnot a closely related

bond could be interviewed regardingmurderthat a occurred during

Agents are only required

! 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

prior to a request for general background information contained in


standard booking questions. To fit within this exception, the question must be one that is routinely asked of individuals in FBI

! The warning and waiver ofrights is not required

custody andthere mustbe a clear administrative, as opposed to investigative, need for the information requested. ! The warning and waiver of rights is not

questions which reasonably are prompted a by concernfor publicsafety


after the

required when

are asked. For example,if Agents make an arrest in public shortly


commission of an armed offense, and need to make an

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

imediate inquiry to determine locationof the weapon, such the

or member of the public could alleviated s! be by questions necessary

! 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

officer. IAcrime that notclosely relatedthe is to offense charged]


is one that meets the requirement of subsection

inmate placedfor that purpose oran undercover enforcement law See MIOG, Part l,|Section l37.!|
! above.

**EffDte: 10/09/2001 MCRT#: 1159 D9 Div: Cav: 7-3.3 Form


Appendix, 2-1.!
SENSITIVE

SecCls:

FD-395 See LHBSA, Part 7-3.2, 7-4.1, 7-15and 1,

Printed: 08/20/2003 06:43:34 Page

...... . .........n . HM

u 92|-I

,s|@1||us|,., 92.|I.lll-lllalllll

SENSITIVE

Hanl-ID: LHBSAP1

LEGAL HANDBOOK FOR SPECIAL AGENTS PART1

The language of the


waiver, contained on FBI Form FD 395,

proper warning
is as

of rights
follows:

and the

YOUR RIGHTS

Before we ask
rights.

you any questions, you


right to remain silent.

must understand your

You have

the

Anything you say can be used against


You have the right
we ask you any questions.

you in court.
for advice before

to talk

to a lawyer

|the|questioning. I
If you
you before

You have the right


cannot afford
if you

to have a lawyer
a lawyer,
wish.

with you during


appointed for

one will be

any questioning

If you
present, you

decide to
right to

answer questions
stop answering

now without a lawyer


at any time.

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 unable to pay and


to have

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

or RIGI-ITS| See LHBSA, ! 7-2.1


can be admitted into

.!| I
evidence, the

Before a statement

Governmentprove must

that the

suspect fully
SENSITIVE

understood the warnings 5


_

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tm||rW W"

i""

wwmmr" "-

... _

H _um 1 _ms92l||||1

A I

ll

".1 I

11-Hill xltll-Hlhllll

SENSITIVE

Manl-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PAR T1

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&#39;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&#39;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

and waiver should not be repeated in the

State only the


that he/she

fact tha

D-302 reporting
the accused

was warned of his/her immediately before his/her statement.

rights and

waiver form";

this notation

waived th m, "as what the

the report&#39;s recitation of See !.!

sh uld appear

shown on
in

accused said

|Refusal !| waive his/her rights but


execute the form in

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

space on the form to record

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

to remain silent and/or


See !.!

counsel, the int

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

sal should be then executed

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

an accused invokes his/her attempt a second interview

|Recontact !|

After Accused Invokeslkight to Si1ence|- If


right to remain silent, Age

Its should not f time has


or the accused

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.

continuous custody,Agents should attempt a not subseq


accused "initiates"
In those cases where

right to counsel initiates a secondinterview, Agents


SENSITIVE

an accused who has invo ed his/her


ust ensure

unless the accus d&#39;s counsel is


that

Printed: 08/20/zoos 06:43:34

Page

WWWWd WIT*IWIW T"MImMmF&#39;

.. u

II. Imlallll

xllllllllllllll

SENSITIVE

Hanl-ID: LHBSAP1 LEGAL-HANDBOOK FOR SPECIAL AGENTS PAR


the accused is advised of and waives his/her Hiranda r

proceeding withthe interview.

second interview.In order to be viewedinitiating as

that not every statement by an accused will be viewed s initiating

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.

questions shouldbe made matter of record. Requests now a

be interviewed. The words responses, any, to and if s

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

interview, a statement byan accused should either be

a second

direct request

erpretation areambiguous,
wants to not

Agents must inquire of Agents must treat that

another jurisdiction and Agents desire to interrogate


such officers invocation of rights as if it

Jurisdiction -

! Assertion of Rights Before Officers o Where anaccused is in the custody of o


Another

accused, Ihis or her|right to remain silent and/or the right to he

whether the accusficers of h

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.

d has asserted counsel. If so,


d been , are made

accused incustody who has beenpreviously the target

llowed fo1lowed.| The same procedure applies where Agents see where

to question
fan

an

Court counsel|or accepts courtappointment counsel,|n the of


the accused may take place concerning
appeared in

! 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

accused&#39;s counsel is present

IO!

Agents and is expressly


represented by

b! the

advised that

accused initiates
or

he/she has the ri

the contact with the


Eht to be

separate counsel;

critical to|life|and

c! contact d! the

impede the receipt of

the presence of counsel will dela


the needed information; or

is necessary to acquire

t or

&#39;nformation

States Attorney&#39;s Office or other Department of Justic e official on extenuating circumstances such as defense counsel&#39;s involvement in

contact has been approved the United by serious|conflicts|of int


erest. court

based

the criminal offense or other

An accused who has

requested legal representation

in a

hearing nay, however, be interviewed concernin 8 other nchar uf offenses. If the accused is in custody, the intervie
SENSITIVE

ed 8

concerning theuncharged offenses must bypreceded bywarning a


Printed: 08/20/2003 06:43:34 Page 7

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

use, an acknowledgment rights and a waiver of those rights of

situationin which written the form

8!FD-395; is impossible iEse any Impossible or - In or Impractical to


practical
the

"| *>-I I

to

he/she notwant lawyer did a should suffice carry to t


burden.

expressly stated his/her willingness to

of Agent was that the that administered, the warning te suspect


conform substantiallyto the language found FD-395. The testimony in
make statemet, a
and that

warning waiver and need begiven anyparticularform, not in

report setting forth the results of

justification therefor besetoutin thecover must pa


the interview. Al

obtained orally fromthe suspect. If

FD-395 not us d, is

can be

esthe of
hough the oral

they must

e government&#39;s

warning do to obtained andrequirements waiver not statem%nts apply


9! Warnings Waiver; and Applicability to
Witness The

the interview report mustclearly indicate that the st given freely and voluntarily by the witness.

from witnesses criminal in investigations.i However,

each instance
was

tement

matters for whichno criminal unishment--fine or

The warnings waiver and requirements apply p rely civil donot to


in
isonment -is
Act of

0! Warnings Waiver; and Applicability Civil to

Matters

and the Fair Housing of Act 1968 Discriminationin Ho sing!. u However,the warningshouldalwaysbe given and the wa iver obtained Act of

provided, including investigations theCivil Rig ts under


1968wheninterference by force or threat of fo

1964

investigations underthe Civil RightsAct of 1964and he Fair Housing


ce, stice is

in

involved.

interference with a witness,other obstruction j or of


ll! Persons Under Local

requirements warningand waiver apply: of

Arrest; Informant s -

The

To a! a personinterviewedunder lo cal local chargesfor possible federal violations;


or suspect concerning his/her ownguilt,
in Section 7-3.2 exist.

arrest

on

To b!

aninformant interviewed a subject being as


whenthe cond itions
described
not

responsible for obtaining counselfor anyone. 3!

2!

Obtaining Lawyer Accused for Agents are

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

**EffDte:07/26/1999 HCRT#: Div: 915 D9


7-5
Printed: 08/20/2003

Cav:
ATTORNEY

SecCls:

INTERVIEH SUBJECT OF BY U.S.


06:43:34

SENSITIVE

Page

..,.- 7.-..,..-.1. I I SENSITIVE

1 1 1|

92lI <H9292lI92llIl92-1 11|.ll1l|l92l||lU

Hanl-ID: LHBSAP1 HANDBOOKSPECIAL LEGAL FOR AGENTS T 1 PAR

! 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.|

so the|AUSA|and authorization supervi by withthe ofla or

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.!

request, the Agent shoulddecline to participate in

If|an|AUSA a DepartmentJustice or of attorney should

refrain from

On occasion, ! Agents alsobe ested|to will requ recording|thesubstance that interview of

that thrake interview

onFD-302. an &#39;
and
SecC1s:

**EffDte: 07/26/1999 MCRT#: 915 Div:


7-5.1 |Deleted|

D9

Cav:

**EffDte:10/09/2001 MCRT#: Div: 09 1159


7-6
46-1.9 !.!

Cav:
1 Part

SecC1s:

INTERVIEW UNDER onrn See 7-12.15 and MIOG

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

fraud against the U.S. Government.Underno circumstaces

involving misconduct Government of employees fraudor and

Agents are authorized

to administer

oaths

0 nly

in cases attempted
should a

interviews e Agent is

statement ath must be set iew. SecC1s:

**EffDte:03/16/1987 HCRT#: 0
7-7 IDELETEDI

Cav:

**:ssnc== 07/26/1999 ncar#= 915 Div: no 7-8

Cav:

SecC1s:

IRECORDING or INTERVIEWS Formerly 7-14! s e 7-9.3.! I


! Useof electronic recording devicest

by the SAC,
10-10.10.!

3 authorized the confessions interviews witnesses permissible record or of is hen


or his or her designee. See HIOG,
SENSITIVE

Part 2

Section

Printed: 08/20/2003

06:43:34

Page

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IW*ImI mTTwImmnm&#39;"

_n|e> 1I<|92lH|> |

HM n ,1

HI, ,.92J v.92ll||92l92 92l|IlllllUll|ll

Hanl-ID: LHBSAP1 LEGAL

HANDBOOK SPECIAL FOR AGENTS PAR

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 !

electronicallyrecording confess ons

or

witness

custodial subjects, the following guidelines shouldbe

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

designee, confession berecorded sumary m. the may in fo

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&#39;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

an electronic recorder, the recorder should be turned

Section10-10.10.! If a

d! Statementsbe may recordedsurre titiously if the SAC,or his or her designee. See HIO , Part 2,

subjectis aware andobjecs to of


ff

FD 302. Beforeapproving surreptitiousrecording f the


statements, SACs are urgedto obtain the concurrence o

subject&#39;s objection shouldbe made part of the interro ation log and
the the CDC or the

the use and the

of

Attorney&#39;s responsiblefor the investigation mut office


obtained.

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.|

**EffDte: 07/26/1999 7-8.1

HCRT#: Div: 915 D9 |De1eted|


SENSITIVE

Cav:

SecCls:

Printed: oa/20/2003 06:43:34

Page 10

TTIIIIWT

Wj~ A

...... ..... . -..i92

11 an

92|.l :I92 uI92llIL92 L-lhallillillllll

Hanl-ID: LHBSAPI LEGAL HANDBOOK SPECIAL FOR AGENTS PART 1

SENSITIVE

**EffDte: 07/26/1999 HCRT#: 915 D9 Div:

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

**EfEDte: 03/16/1987 HCRT#: 0 Div: 09 Cav:


7-9.1 When Required

sc1|=

following cases:
required;

A handwritten interview log shall be maintained

in the

! On
even though

all interviews in which the warning and waiver are


not under

premises

! When

a subject or suspect is interviewed on FBI


arrest.

Operations and Procedures,Part I,

Professional Responsibility

| ! Whenever Form FD-644utilized in Office of is an


inquiry see Manual of Administrative

Section 13 6!.|

**EfDte: 03/16/1987 MCRT#: 0 Div: D9


7-9.2 Retention of Log

Cav: SecC1s:

of the appropriate

The log will be maintained permanently in the 1A section


file.

**EffDte: 03/16/1987 MCRT#: 0 Div:


7-9.3 Contents of Log

D9 Cav:

SecCls:

necessarilylimited to, be notations the following on Eoints:


! Person interviewed

The interview log shall include

whenappli able,

but not

! Identity
! The place

of Agents conducting theinterview

SENSITIVE

Printed: 08/20/2003 06:43:34 I

Page 11

.. _.

H1lI1 .-M1111

11 1|

11-. I|9292.|l1|9211lll92.92 MIDMHIMIIM

SENSITIVE

Hanl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PAR1 1


!
The date The time of arrest

!
! ! 8! 9!

The place

of arrest

Identity of Time interview


Time subject

Agents making began


or suspect

arrest

was informed

of his/her
suspect.

|one|Agent was present, the name ofthe Agent so advisi


0! Time subject or

rights unless

indicated on

FD-395!, and when more than

ng subject or I

indicated on

FD-395! 1! 2! 3! 4! 5! 6!
Time interview

suspect waived his/hen rights unless


concluded

Time preparation Identity of

of statement

commenc d e statemen
U

person preparing completed or suspect

Time statement Time subject Tine written

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

attorney, the time


requested food,

time and action taken

subject or suspect compl


on this complaint,
and action taken o

ined of

the time

and the

details as

to how his/her request Time subject


of their

was handled. his/her oppor

he time subject this request,


h unity

8! summarized version 7-a.!

advised of

to

have
1,

statements recorded.

See LHBSA, Part

**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%

"T MW1 1 UIU&#39;1IWI MT7THlmmNM"&#39; &#39;T Tl1IW"TT"&#39; 1 &#39;*TTWWI FTTIMMW"

.. _

H -...

.-mini,

41 n 92|_1

i nm dllli MICJIIIIHIIJLI

SENSITIVE

Han1&#39;ID: LHBSAP1LEGAL HANDBOOK FOR SPECIAL AGENTS PAR

Use of an

interpreter should

be considered

interviewee&#39;s ability to use


the interviewing
of the who allege

interview with

either

a subject

Agent is not qualified


they did

and understand Englis the


may be excluded from not have a good unde
with a Governme witness at trial

or witness

when there

for an

&#39;s doubt of the

interviewee. Confessions at trial that

to use the pri cipal language


ederal court

language and

because they are given in English, without an interpre

English language. A garbled interview contribute to the impeachment of that

er, by subjects standing of the

twitness

may
SecC1s:

**EffDte: 04/28/1978
7-10.2 Qualifications

HCRT#: 0

Div: n9

Cav:

The interpreter&#39;s technical qualifications

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

The interpreter&#39;s general appear J1 and ce

may affect a constitution

should be

1 right

of the
the

the

conduct the

**EffDte: 04/28/1978
7&#39;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&#39;s &#39;ce.The Off SAC or may furnish facts to the USA Office bearing
a

should not

**EDte: 04/28/1978
7&#39;12 PREPARATION
1O"13.!

HCRT#: 0

Div: D9 Cav:
II,

SecC1s:

OF SIGNED STATEMENTS See HAOP ,Part

**EffDte: 04/28/1978
7-12.1 In General

MCRT#: 0

Div: D9 Cav:

SecC1s:

Where possible,

written statements

should

be taken

in all

cases in which the confession

any confession or admission of guilt was obtained during an electronically


See LHBSA, Part 1, 7"8 ! e!

is [obtained unless r ecorded in the language

interrogation session.

confessions should
Printed: 08/20/2003

be prepared in the
06:43:34

first person
SENSITIVE

.!| Written

of

Page 13

&#39; "TTl1llTT{&#39;

&#39;Im&#39;m|W

--

H -is, 1 mun, -

no ll92l_,|

, 92,n.I nlll, 92|I1||1|;]||M

SENSITIVE

Manl-ID: LHBSAP1

LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1

the defendant.

Hhere individuals

giving signed

stateu

speak or read English,

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

ts cannot ould be made guage used

HCRT#: 915 Div: D9

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

[The fact that the

subject was advised of

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

hall be shown tatement is the results of is made should

d be

developed,

particularly details statement should


recitation of <-

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:

**EffDte: 07/26/1999 7-12.4 Method

HCRT#: 915 of Preparation

Div: D9

Cav:

the subject prepared in

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

If the statement is typewritten or tandwriting of in the


the subject, it should
it is

be given

certain circumstances,

desirable as

o|him/her to|
read

well to

the entire

reading the statement will of aloud enable Agents possible to rtbut


SENSITIVE

is unable to read well, or

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

_ j&#39;TT1 IlmTT" ""&#39;

7TTWWIW TIWMH MWWl" i THU"IMI MT*lI mnM "

-7 I SENSITIVE

ll-&#39;1 .wh 9292NI|n92nl llllllalllll

Hanl-ID: LHBSAP1

LEGAL HANDBOOK FOR SPECIALAGENTS PARD 1

future allegations that the subject did not know what|he/shelwas


signing. Each
the subject.

separate page of

the statement should be initialed

by

**EffDte: 07/26/1999 HCRT#: 915 Div: D9


7-12.6 Changes

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

Once the person has signed the


adopted it as

to place apply only

his initials opposite each correction. These to the period during which the statement is

instructions

statement, or in any
and correct,

his own, being final

it mus

ot h er manner
must be back to

being prepared.
made the

be changed
the subject
first.

in the least particular.


of a separate

Any change desire


which refer

signed statement

not thereafter
SecC1s:

**EffDte: 04/28/1978 7-12.7 Adoption

HCRT#: 0 Div: and Signature

D9 Cav:

A person signing a statement statements should


signature

adopts it

though he personally did not type or write it. Subjec


include in their own
as follows: a declaration "I have

as is own
s making

even

handwriting jus
read the

signed

above the

statement and declare that the same 18 entirely true."


phraseology which **EffDte: 04/28/1978 7 12.8 Refusal
If the

expresses this HCRT#: 0 to Sign


subgect will truth of

thought is Div: D9

acceptable Cav:

oregoing Similar
SecC1s:

not sign

the statement

he read it or
it or
witness.

that it was

read to him by the


it shall

Agent and
on the
, the fact that

admitted the

be written

the Agent and attested **EffDte: 04/28/1978


7-12.9 Witnesses

to by the Agent : HCRT#: 0 Div:

signature and he acknowledged


statement
that of

by
another

D9 Cav:
SecCls:

The statement should be signed in the pres

interrogating Agents,

or if

only one

Agent is present,
SENSITIVE

ence of the then it should

Printed: 08/20/2003

06:43:34

Page 15

so 9 mum &#39;HIT"ITml&#39;m|rrwrIn||m|1r ~

AI

92l ~|II anwill

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

other witnesses are available,

If

regarding the circumstances should be included


he has no title, his address.

a brief explanat ry note


in the
over

only one Age t is present,


page

accompanying Agent&#39;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:

Furnishing Copy of Statement


Agents should not volunteer to furnish a c py of
or a their has been to

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

confession signed or unsigned! or statement subjecs to

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

likelihood of ultimate prosecution. If the copy

is re

y referred s the

uested

prior

to

offers to give a condition that a


readily

confession should be

ant, mal referral confessionor signed statementonly u on the copy will be given to him, the statemnt or ntrary.

be reached for an opinion and advises to the c

furnished unle s the USA can_

**EffDte: 04/28/1978
7-12.11

MCRT#: 0
Preservation

Div: D9

Cav:

SecCls:

of Statement and FD 395

numbers but should be

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

The original statement or

confession sign d or unsigned!

and should not be

condition the|lA|envelope| FD-340![of in the|investiga ivelcase file


forwarded to FBIHQ. Where an invest gation
results

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

without prior FBIHQauthority.

Jot be

destroyed

**EffDte: 07/26/1999 MCRT#: 915 Div: D9


_

Cav:

SecCls:

7-12.12

Delivery to U.S.
A statement

Attorney
should be
SENSITIVE

or confession

delive red

the

time

Printedi 08/20/2003

06:43:34

A Page

16

&#39;

7T1 lTTT7 &#39;*7TWM]mATIWMT&#39; A 1WWTW WIT"IWI

MT*WI M M"

H_.., . -.,.,...i,

A1 n

92|- Ill illnlli

HIJIIJMIIM

SENSITIVE

Hanl-ID:

LHBSAP1 LEGAL

HANDBOOK FOR SPECIAL AGENTS PAR I

of trial
requested

to the USA
or prior

having jurisdiction
to trial

over the prose


has ordere

where the court

to permit the defendantto inspect, copy, or photograp relevant


written or recorded statements or confessions madeby **EffDte:
7-12.13

aution when
the Government Uhe defendant. SecC1s:

04/28/1978 MCRT#: 0
Statements of

Div: 09

Cav:

Witnesses

Generally,

the above instructions

apply

to statements

obtained from witnesses.


requirements **EffDte: 7-12.14 in such 04/28/1978

with regard to
Div: D9

the warning a
Cav:

situations, HCRT#: 0

see Sections 7-3 and

3dwaiver I -40
SecC1s:

Handling and Transmittal

received

registered when transmitted by mail. This rule applie FD-395 or other original record of any warning and wai er of rights.

the applicable and manner documentary to evidence shali


O4/28/1978 HCRT#: 0
Statements Under Oath

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

taken under orn statements

eing duly
tement," etc.,
icial character After the ear the

! at

place!."
the
or

oath, together withlhis/herlofficial

designation,

inistering "Spe ial Agent,


witness

Agent of each wi ness or,

if

no

title,|his/herladdress,
**EffDte: 06/29/1981

shouldfol1ow|his/her|signatur
Div: D9 Cav:
SecC1s:

HCRT#: O

7-12.16

Use of Signed Statements at Joint Trials


SENSITIVE

Printed: O8/20/2003 06:03:34

Page

17

TTIIIWTYM"

* " i

"WIN

- 1 1|

92|-~4 In us: vl

92|Ill|14l192|lllH

SENSITIVE

Haul-ID: LHBSAP1 LEGAL HANDBOOK SPECIAL FOR AGENTS PAR1

subjects who may betried jointly


relating all
addition, it
This paragraph

A written confession in any details of


shall contain
shall contain

the offense as furnished by th


a paragraph inserted
only those

shall be preparedin
betwee
admissions of

case involving

two or a manner the

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

however, the confessor takes the witness stand during


statements can be prepared, one relating all details

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

codefe dants. |If,

at|separate trials,the entire statement|wou1dIbe|admi siblelagainst


the|confessor and all codefendants.| Alternatively, tw
o

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:

7&#39;13 RETENTION INTERVIEW OF NOTES $80 HAOP, Part


and MIOG, Part II, Section 6-1.4.9.! II, 10-12,

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

handwritten notes of the Agent conducting the question


the IA Section of the case file. The whether the person interviewed is in

, the ng are

original to be

**EfEDte: O6/29/1981 MCRT#: 0

Div: D9

Cav:

tion of notes y or not. SecC1s:

7&#39;14 |IDENTITY INTERVIENING OF AGENTS S00 HIOG,


7-1.! Formerly Credentials 7-17! shall be exhibited to all perso
art 2,

by Special Agents so there will


federal warrant detail. The is outstanding,

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

s interviewed the n, when

charged in the warrant.


language of

It is

not necessary to explai


contained in

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:

7&#39;15 INTERVIEWS IN FOREIGNCOUNTRIES See HIOG,


SENSITIVE Part II,

Printed: 08/20/2003

06:43:34

Page 18

&#39;

TTITIITTT W &#39; &#39; "

I WIND

&#39;

H -M Innmmnml

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

foreign country must begiven the usual warning of


the officer

Persons interviewed

pol rigce custody


ts under ent must

in

given. If

determine from

the foreign officer has no objection, the s


be given

whether the standard FBI wa ucting an the f ning may


andard FBI with the

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

of his/her country andmight work

objects, feeling

that the FBI warning is not consisten

see Section 7-3.3!. If

be
law

unfavorably on prose reign

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

**EffDte: 03/16/1987 MCRT#: 0 n1v= n9


7-16 APPEARANCE BEFORE u.s. MAGISTRATE

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

persons under arrest must

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

when necessary Agents requires autho by


in writing U.S. Marshal

from the U.S. H

ity of awaiting trial cannot properly or conveniently be inte viewed at the SAC, the place of detention, that the public interest requires temporary

tha rshal&#39;s custody a prisoner

afterlhis/herlremoval therefrom. Such interviewsshou r must


exercised in

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

Printed: 08/20/2003

06:43:34

Page

19

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1 Al

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Hanl-ID: LHBSAPI

LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1

sznslrrvn

U.S. Marshal
to reenact

! when prisoners are to be transported to


the scene of a crime

removed from some place other


aid in

or to

etc., prior FBIHQ authority is necessary the U.S. Marshal&#39;s Office for release of
**EffDte: 06/29/1981 7-19 PRESENCE
2, Section

before making the request the prisoner.


Cav:

the c stody of the tha location f a hideout,

% office a field
of
SecCls:

HCRT#: 0

Div: D9

OF COUNSEL DURING INTERVIEW S66


7.!

MIOG, Part

! In criminal investigation

the event an individual including subjects,

being int suspects,

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

with the CDC prior to the interview. TwoIAgents


to conduct the interview is anticipated. whenever the presence of

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

aide be present, the


that an attorney

intervie

may be
ide will be

the interview should to do so. In all instances

onducted by f planned

two

interviews, the
safety or
to be

SAC has the responsibility


the potential

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&#39;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

&#39;nvestigations

SecCls:

|7-2o| rnnssucs

or STENOGRAPHERS
are to
by subjects

No interviews
stenographers employed

be conducted
without prior

in the

presence of

interviews are not employed

to be conducted by the FBI without

in the presence of FBIHQ approval.

FBIHQ approval. No ethe rstenographers

**EffDte: 06/29/1981

HCRT#: 0

Div: D9

Cav:

SecCls:

|7 21| EVIDENCE
Printed: 08/20/2003

or FEDERAL INCOME TAX VIOLATIONSSee MIOG,


SENSITIVE

06:43:34

"Page 20

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SENSITIVE

Hanl-ID: LHBSAP1 LEGAL-HANDBOOK FOR SPECIAL AGENTS PART 1


Part II, 7-6.2 !.!

xlll

Ix LI llll

lllllllllllil

relating to payment Federal of income taxesis developed Egularities


such information shouldbe referred promptlyto the local office of the Internal Revenue Service and reported to FBIHQ a orm suitable in f
dissemination.

If evidence of incometax evasion or other irr

of interviewing a person in connectionwith criminal a investigation,

s a result

for

**EDte: 06/29/1981
|7-22|

HCRT#: 0

Div: D9

Cav:

SecCls:

asoussrTOsen JUDGE on u.s.

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

a U.S. Marshal, immediateshouldtaken the steps be by Agtnt advise to


the USAU.S. or Marshal the desiresof the subject. of
Div: D9 Cav: **EfDte: 06/29/1981 HCRT#: 0 |7-23]
SecC1s:

|his/herldesire bebrought to before district the court

j *dge

erwise

or to see

QUESTIONING SIMILAR ABOUT CRIMES


Wheninterviewing subjects and suspects, consid

violations.

of the individuals of previouscrimesof a type similar t currently being investigated, possibly to solve previousl Div: D9 Cav:

should given be to

including questions to the knowledg as

ration on part the


the one unsolved SecCls:

**EfDte: 06/29/1981 HCRT#: O |7 24|

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

of information. Questions references to papers and fi or MCRT#: 0 IDELETEDI Div: D9 Cav:

**EffDte: 06/29/1981 7 2s
**EfDte:

&#39;sclose tialsources
es may SecC1s:

07/26/1999 HCRT#:915 Div: D9


SENSITIVE

Cav:

SecCls:

Printed:

08/20/2003

06:43:34

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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

in his/her under arrest other committing purpose of


or relatives.

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

ADVICE BY AGENTS ] SeeMIOG, Part Z, 7" 2.1.!|


Agents are not acting as attorneys for perso n sinterviewed
should not

made to

and no circumstances it an under should legal attempt advice be given


answer legal questions. Agents who are attorney

statehe/she is an that attorney that but he/she is notn


to give legal advice interview subjects, or answer legal questions. subsequent to the initial Agents interview,

deliberately make known their legal training. attorney is questioned regarding his/her legal

is an If an Age t who he/she should training,

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.

hould not to determine

**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

On the arrest of other authorities,

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

Printed: 08/20/2003

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22

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SENSITIVE

Mani-ID:

LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1

**EffDte:

06/29/1981 HCRT#:O

D1v: D9
SENSITIVE

Gav:

SecC1::

Printed:*0s/20/2003 06:43:34

Page 23

&#39;mmr1r"

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11 II

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Manl ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1


SECTIONINFORHANTS 8. AND ENTRAPHENT
SecC1s:

SENSITIVE

**EffDte: 10/27/1981 HCRT#: 0 Div: D9 Cav:


8-1 IN GENERAL See HIOG, PartI, Section 137.! ! The use of informants to assist law enfo cement

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

restraints whichof an infor3Ent&#39;s limitpermissible the scope


follows containsa generaldiscussion the of
addition, a brief
included.

samelegal restrictions that govern the conduct of Special Agents. follows that if the informant&#39;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&#39;

performing informant-related tasks. As such, they are su ject to

government, they agents government Eben are considered of the


the It

! Although informants are private individu ls in sense that they are not commissionedrepresentatives of t C.

common Ian d legal policy|

the government&#39;s privilege of

nondisclosure of its infor

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&#39;s Guidelin FBI use s on
be

governing when

confidential sources.

They include regula


an info
criminal sctiv

legal privilege or confidentiality may beused, when an be permitted to infiltrate an organization, and the circ
payment to an informant.

person affiliated with the news media under an obligation of or

an informant

criminal activities,. when appropriate rities must auth , .. .


s unauthorized
ity, when a
a i formant may um stances of

an informant

may be utilized, when

ions

ant may

administrative

! For a discussion of the Bureau handling of informants see HIOG,

Part I, Stction 137.


Cav: SecCls:

rules rel

ting to

the

**EffDte: 01/30/1997 HCRT#: 583 Div: D9


8 Z INFORMATION REGARDING LOCAL CRIMES
SENSITIVE

Printed: 08/20/2003 06:43:34 Hfage

----1

_ll- 1 _929292|l|ll

-1

n 11-

II 1I92L|l| 92|Iuum|||u

SENSITIVE

Hanl-ID: LHBSAP1

LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1

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

**snr= 11/10/1988 8-3.1 Entry

MCRT#: 0 to Premises

Div: D9

Cav: SecCls:

Any entry enter. For suspect or

by an

in formant into

premises prote
had no

Fourth Amendment is illegal would be illegal and


informant while invited into

if

the informant

autho

example, a surrepti tious entry another person with lawful possession

taint any

inside the pre a suspect&#39;s resid ence, even

mises. Conversely, if an gt
thing observed or overhear
by the though the invit
formant tion is is

without the of the

Eted by the ity to con gent of the p


operty,

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&#39;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

her presence The lawful. ja


and can be used by the

It follows that incritinating any


of a Cav:

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
Printed: 08/20/2003 06:43:34

MCRT#:0 Div:

D9 Cav:
SENSITIVE

SecCls:

W Page

WW*

Alim ll V

_ IT"IWIWWT&#39;MImmMW

H _u-si mil. .--

1 1| 92l_|

92I|wuI.92llll< hltillilhlll

I SENSITIVE

Man1&#39;ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1

8-3.3 Contact
! The

with Suspects
use of informants
in the

|
to contact individuals

suspected of crime can


frequently will confide

be very productive. The


informant and

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

from the|Chief Division Counsel|prior informlnt to using an to contact


suspect for

area. Guidance

should be

! For
been charged,

purposes of organization,
named as a defendant

the discussion
in a law

of this
arrested,

technique is separated into situations in


arrested, or

which the suspectlhas not


enforcement

proceeding and

or named as a defendant in a law enforcement


HCRT#: 583 Div: D9

those in

which the

suspect has

proceeding.|

been charged, Cav: SecCls:

**EffDte: 01/30/1997

8-3.3.1 Suspect

in a Law Enforcement Proceeding]

not|Charged, Arrested

or Named as a endant De

as a defendant an informant voluntarily,

! |Priorthe suspect charged,issiblenamed toenforcement proceeding, it is pe arresforzd being or in a law


to engage without compulsion, a criminal suspect in his/her remarks conversation and elicit

incriminating remarks. against him/her.|

As long

as the suspect is

speaking
will be admissible

named as a defendant
by counsel,

! [If suspectyet sted ar the who is notcharged, or


e

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:

8-3.3.2 Suspect Charged, Arrested, Defengant in or Named as a a


MIOG, Part 1,|1a7-1a.!| I
Law Enforcement Proceeding See LHBSA, 8&#39;3.3. , and
SENSITIVE

Printed: oa/20/2003"06=43=34

Page 3

&#39;*w1||WT

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bl I

SENSITIVE

ll

ll ml:

WIMJIAJIIM

Manl-ID: LHBSAP1

LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1

! Informant
Offenses

Contact Regarding the suspect


offenses from

Charged or Rel ated


has

a! After

has been indicted o inf


unless the subject

appeared at his/her initial


the appointment of counsel,
about charged or related

appearance andhas accepted o


informants may not elicit preserve a life or safety.

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

the law or policy. stimulate conversation listening post

Because of the difficulty


solicit incriminating

in proving

port not violate statemen


even

with the
of a

suspect to

gain incrimina FBIHQa

cellmate informant

must receive

the prior

approval of

Ehat the S0!


ing
as d a

concurrence of the prosecuting States United Attorney&#39;s Of1CG! Informant


Offenses

Contact Regarding

Uncharged, Unr elated


ounsel on n informant

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

ncn&#39;r#= 1177 D9 Div:

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

Streets Act approval is


MIOG, Part

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

discovery may allow th


SENSITIVE

Eter becomes defendant

Printed: 08/20/2003

06:43:34

Page 4

_ all SENSITIVE FOR SPECIAL AGENTS PART

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:

I hen informant contacts are otherwise permissthis


and 8-3.3.2 above, the following restric

ions must

under

! |The
regarding lawful

informant maynot inquire about inform


defense strategy or legal arguments of c

:unsel;|

tion

! |The

informant must not disparage counsel f or the s attorney;|


seek to

suspect or otherwise seek to induce the person to forego representation or to disregard the advice of the suspect

! |The
disrupt the

informant must not otherwise improperlY


the suspect and counsel;

relationship between

! [The

informant may not attend or participat

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

operation. If informant attends the or participates in sEch


essary for

attorney another
trial

strate commun or in

undercover

agents

y or

directly participating prosecution of


the substantial

in the

ongoing investigation charges, or used

&#39;cated to who are the

should be to communicateany cautioned not Agent the to the oE


detriment of the subject. Therefore, the
informant

pending criminal

in any

other way

to

details he/she
location

has learned regarding defense strategy or


or admissions by the defendant to

of evidence,

lans, e attorney

regarding the offense charged.|


**EffDte: 01/30/1997
8-3.5 Entrapment

HCRT#: 583 Div: D9

Cav:

SecCls

defendants in which informants played cases in have an agkive role.


Entrapment isestablished if the evidence the shows
the criminal implanted that act originated with the idea by various forms Government, and the of inducement in the

! Entrapment

is a defense asserted freque tly by

idea Pr plan for

Government mind an of
its the
gress victed where .If the

otherwise innocent

not predisposed! person whothen co

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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06:43:34

Page 5

&#39;

i* WIN

, _.,. . _.,.,....,,

- .|-.

I|||ll92u|i.. . 92-||-mmunu

SENSITIVE

Maul-ID: LHBSAP1

LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1

evidence in a case establishes that the defendant was pred isposed to commit the offense, however, the defense of entrapment wil lbe
defeated.

by many different types of evidence. the Government to introduce at trial


predisposition evidence as long
Prior convictions. arrests.

! |Predisposition casesgen r as in Federal be can Federal courts


the following
is similar

tablished

types of

ally permit

as it

to the

or ime for

which the defendant is


a!

currently charged:

b! Prior

c! Preoffense
defendant is the offense
Agents.

criminal activity.

For example, the


Prior to dercover

charged with selling a charged, he/she sold a

controlled substance. similar substance to un

d! Postoffense
defendant is
attempts to

criminal activity.
A few

For example, the


months l ater he/she
rAgents.

charged with
sell another

selling cocaine.
controlled substance

inducement can also be considered as


defendant : ready
offer to commit

e! defendant&#39;s response A toGovernaent a


evidence of predisp sition.
the Gov
evidence that
A

to undercove

and unhesitating
a crime is substantial

acceptance of

rnment&#39;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:

Participation be noted that under the entrapment


in the criminal a

t est used
ctivity does
to commit

in

not constitute entrapment ifdefendantpredisposjd the was


the crime. For example, the Supreme Court has held ther was no entrapment in a prosecution for manufacturing narcotics, even though an undercover agent supplied a predisposed defendant with
the opportunity to violate the law does not constitute e t

governmental involvement

Entrapment lies
crime he/she

an ingredient essential Meregy to the manufacturing process. furnishing


only when the Government induces a suspe
D9 Cav:

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

from the foregoing discussion


SENSITIVE

that proof
Printed: 08/20/2003 06:43:34

Page 6

&#39; &#39;TtTI1I|f"TI" ""&#39;

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SENSITIVE

Manl ID: LHBSAP1 LEGAL of predilpolition the criminal


fairness will

HANDBOOK SPECIAL FOR AGENTS PART1 to commit a crime will bar application
when
f the H u Hill 92 IKMHIM-llll

entrapment defense, notwithstanding somegovernmental inv


activity.
not permit

However, the courts have held tha


a defendant to be convicted

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&#39;s conduct

As stated in the preceding paragraph, some

of the defendant, determines

if

the de

Gov

lvement in fundamental the conduct the rather than ense is

fairness is a question which is

is, therefore, difficult


situation activity, by will

to predict with certainty if a

decency, resolved on a|case-by-cas grounds.


f
the

offend the Due Process standard. Neverthe its very nature, lends itself to a Due Proce

Someof the factors that courts

ndamental It have con Ibasis.


ven factual

deciding whether an informant : conduct violates Due Proc whether the informant, by himself/herself or with Governm

assistance, instigated crime or simply infiltrated


enterprise; whether the informant directed

an ong

or controlled

ess, certain s claim. idered ss are in

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

that a Due Process

nt ingcriminal
he criminal s from the criminal s and The

more of such circumstances

not iolation has occurred.violation Due A of Process likely,howlver, is more where


are present.

**EffDte:
8-4

O5/01/1985 HCRT#:O

Div: D9

Cav:

SecC1s:

DISCLOSURE OF INFORHANT&#39;S IDENTITY

! 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&#39;s privilege of nondisclosure is not absolute,
must be relinquished

the defense of the informant&#39;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

Printed:

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if

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A ll

92 IIn ml ms: IIMMMIIM

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:

against the individual&#39;s right t

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 :

the information he/she furnished did not


majority rule is that there

constitute probe cause le


is no constituti
nal

and e tablish

iden ity, the


that for

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

and affid vits without against r quiring Cav:

that

**EffDte: 05/01/1985 HCRT#: 0


8-4.2 Trial

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&#39;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&#39;s repare

his/her defense against the Government&#39;s interest in pres


informant s anonymity.
witness, and

Among them are the informant&#39;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.

Hany factors go into this determi

iability of y, if called
SecCls:

**EffDte: 05/01/1985 MCRT#: 0


8 4.2.1 Role of Informant

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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06:43:34

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-~--~~ i

s -us. 1 Immnw 92

92| ll M

92II I ml llll SENSITIVE

92|-illilblllil

Manl-ID:

LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1

criminal

transaction.

This is especially true

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

have adistinction caseswhichinformcn drawn between in an

! Disclosure probabilities in the criminal enterprise. In

increase when a this regard,

informant some courts n t was a

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&#39;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.!

testimony before ruling 05/01/1985 HCRT#: 0

on the motion. Div: 09

See Sec Cav:

: sre automatic a
informant&#39;s tion 8-4.2.2

**EffDte: 8 4.2.2

SecCls:

Substance of Informant s Potential


See a!.! 4.2.1

Testimony

When deciding whether disclosure

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&#39;s possible testimony woul d be of no
value

However, informant&#39;s if an knowledge relevant helpful would be a3 d


an accused, a **EffDte:
8-4.2.3

to an accused,

the motion

for

disclosure

is

usuall

> denied.

to

judge frequently HCRT#: 0

will

order disclosure. Cav:


SecCls:

05/01/1985

Div: D9

Theory of the Defense

helpful
The court

The fact that an informant&#39;s knowledge of to the accused does not mean disclosure will
must determine if the informant&#39;s information

a be

rims might

be

utomatic. ill he of
For

assistance

misidentification
defense.

example, is information to defense which pertinent oi the


to the particular defense asserted by the acc sed.

might be of little

or no value to an e t rapment

SENSITIVE

Printed:

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06:43:34

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_I|

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T H IWIWWT"MI M F

_. _ H

.-.... . -....|..... 1

ll

92I

ll H Ull

92l| ilMhlIllJ

SENSITIVE

Hanl-ID:

LHBSAP1LEGALHANDBOOK SPECIAL AGENTS FOR PART 1

i
SecCls:

**EffDte:
8-4.3

O5/01/1985 MCRT#:0 Div:


Federal Regulations

D9

Cav:

Governing Disclosure

!
effective

Attorney General Order


1980, and revises

No. 919-80, which


28 C.F.R. 16.21 e

December 4,

forth

procedures to be followed

in response to a demandf

of an informant&#39;s identity. as well as those in which the


In ! the event

The regulations apply to

cri

became seq., sets


r disclosure inal and

civil proceedings in either state or Federal court, and a to cases in which the United States is not a party to the

United States is a party.


of a demand for information

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

result in revealing the identity

of an informant, Agents

will not be made by any Department official.


before If ! instructions

.26 b!. t ordinarily

a response to a demand for disclosure from the Department of Justice are re C

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

attorney is to furnish the court

a copy of Attorney is required


the

departmental instructions,

the Agent or employee upon

has been made shall, if directed by the responsible Depar demand official, respectfully decline to comply with the demand. f

General who ipt the of


or

**EffDte:
8-4.4

O5/01/1985 HCRT#:0
when the Informant

Div: D9
Testifies

Cav:

the demand
ment SecCls:

Occasionally, either because of the impo

case or the lack of other proof, the Government may choos informant as a trial witness. If it does, s defendant&#39;s cross-examination requires that the informant-witness tes

his/her true name and address. There is an exception to

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.

Here conjecture that physical

his, harmmight the


1result

the informant identified himself/herself on the witness st s true sufficient to invoke this exception. A factual basis for permit

name

This usually takes the form of previous


SENSITIVE

the

received by the informant or other individuals associated defendant. Agents should record, either in the informant

if and is not the concern

threats with the s file or

Printed: O8/20/2003

06:43:34

Page 10

Han1 ID: LHBSAP1

LEGAL HANDBOOK

SENSITIVE FOR SPECIAL AGENTS PART

the lubltantive

znformant, members family, or of his/her others aslociatjd the with


investigation. HCRT#: 0 Div: D9 Cav:
SENSITIVE

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

SENSITIVE FOR SPECIAL AGENTS PART

SECTION 9-

CIVIL AND

CRIMINAL LIABILITY

**EffDte: 05/28/1980

MCRT#: 0

Div: D9

Cav:

SecCls:

9-1 IN

GENERAL See 3-4.3 and HIOG, Part 1, Section

197.!

It is
the potential
employees may

the purpose of this


criminal liability
bases of that are

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:

are set forth


D9 Cav

abili d in
b

9&#39;2 CLAIMS

AGAINST THE

GOVERNMENT

ents|of
&#39;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

28, USC,|Section 2671, et seq.,|claims|may|be madef

misconduct committed their employment;

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

FTCA! , Title rmoney damages


ional

tent

malicious eged negligent lusi e remedy for c


enti o nal torts of

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

the FTCA that an


to the FBI prior court. Where

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

e dGuidelines of Dlgartment unjer FTCA, the . ent entered I

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

Comp ete bar to I ubj ct matter, to he claim. SecCls:

9-2.1.1 Automobile

Accidents SENSITIVE

Printed: 08/20/2003

06:43:34

Page

SENSITIVE Han1&#39;ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1

The FTCA is the


an employee&#39;s negligent operation

exclusive remedy
of a motor

for claims
vehicle if

a ising from
t e employee ion of scope

was acting within the scope of employment. The|determina


of employment, as well as the extent of liability is

applying the

law of the state where|the

accident occurred

dete mined by

While the government|may settle|claims arisin from

negligent operation vehicle, FBIHQImay|require of a motor


negligent or is utilizing the motor vehicle|in|other than
and Pr Cav: business. See Manual of Administrative Operations HAOP!, Part 1, Section 12-2.5.1.! **EffDte: 07/26/1999 HCRT#: 915 Div: D9

an employee :

reimbursement from|the toto Bureau emp1oyee|or damage those proptrty in instances where an employee is determined have been gr

ssly official ocedures


SecC1s:

9-2.2 Claims|without
Pursuant to

Regard to Negligence|
Title 31, USC, Section or loss 3724, clai

$50,000 may be settled


authority whenever

under the

Director&#39;s or his
of property

desig
occu

injury, damage

result o|an actlperformedin the


to lawfully execute a

regard to negligence| e.g., Agents


warrant, and

line of|duty, without


break open a locked
the claimant is an

do
to

partylowner!. Where appropriate, these claims are settle


the Chief Division Counsel

inn sup

CDC! or FBIHQ.| See HIOG, Pa


Cav:

|191-11.1.!!
**EffDte: 07/26/1999 nc1u&#39;#: 915 D9 Div:

ee&#39;s! rsas the


r cent third

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

|The majority of these cases arise a


which first
also be

violating

rights guaranteed

SecCls:

the Supreme Court case


However, such cases may

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

! Bureau be individually employees may federal sueE in


E
United
"Bivens" this cause ederal civil t revisions of , which

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06:43:34 T

Page 2

&#39; I

&#39; T"Tl1IW&#39;TT ""i T&#39;TUTWIW&#39;TlNWN " "WWWT IW"IWMWMTTTIlmN W"&#39;

SENSITIVE

Haul-ID: LHBSAP1

LEGAL HANDBOOK FOR SPECIALAGENTS PART 1

provides for

interception of wire or oral communications.|


! Among the defenses not violate available to

the recovery

of money damages for the illega


an emplo establ
ee sued on of

qualified immunity.
have been aware at

Ifor constitutional

or statutory violationslis the assert


|The|defense may established by sh be
any clearly
time the conduct occurred. The as

wing that
shed rule ertion of efore of

the employee&#39;s conduct did


the

constitutionallor statutory|law
qualified immunity

would of which reasonable per on a

can result

in a dismissal of

the case

trial, or
trial.

can provide the basis for|a | ! Bureau

defense|if the case goes to


sued in

employees may also be individuall

state court. his/her federal district court,

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:

eral s proper the


SecCls:

9-3.1.1 |Service

of Process Formerly 9-3.5!


with a civil summons and compla

Agents served

civil subpoena,

from a state or

federal court

relating to

taken within the scope of that they have been named

their employment, or who as a defendant in such a

otherw &#39;nt, ora case,

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

do so, no employee employee.|


**EDte: 07/26/1999

should accept service of


MCRT#: 915 Div: D9

process for
Cav:

hould sential that


manner of horized to

y other

I9-3.1.2 Indemnification
SecCls:

employment may request the DOJ to indemnify him/her for


damages awarded.

of alawsuit arising of out actions taken the within scopz


as a result

! An

Agent who suffers an

adverse judgment

of his/her y monetary

discretionary with
is in the interest

! Thedetermination to indemnify theemnification is emplogee


DOJ, and is based on a finding that
of the United States.

in

! An

employee seeking

indemnification must Office of


SENSITIVE

submit a

written request,
the verdict

with appropriate

documentation including
the General

copies of
Counsel.

and judgment,

to FBIHQ,

Printed: 08/20/2003

06:43:34

Page 3

SENSITIVE

Haul-ID: LHBSAP1

LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1

The request

will

then be

submitted

to DOJ,

along with

the

FBI :

recommendation. See 28, Code of Federal

Regulations C.F .R.!


Cav:
SecCls:

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

and Movedto 9-3.1.1]


HCRT#2 1159 Div: D9 Cav:
SecCls:

9-4 ICRIHINAL

LIABILITY
the viola

FBI employees can be prosecuted for


or federal criminal statutes. If criminal

proceedings ar

tion of state instituted


emoved to

representation see 9-5 infra!


federal court
is a colorable federal defense

in state court against an employee for conduct associated with that employee&#39;s duties an as FBI employee, the FBI employee ma request DOJ by DOJ pursuant to Title

and the proceeding maybe


28, USC, Section 1
state or
to the criminal charge.

42, if I
all other al court,

there

instances of

criminal prosecution HCRT#: 915

in either Div: D9

fede

employees will be responsible for providing


**EffDte: 07/26/1999

their own
Cav:

leg 1 defense.|
SecCls:

9-5 |LEGAL
!

REPRESENTATION 9-4 and HIOG, Part 1, 197-4.! See


A federal employee may be provided repre
eentation in

subpoenaed, or charged in his/her individual

ch eel at representation may be provided by DOJ, or by private cou government expenseas determined by DOJ!, when the empl ee&#39;s actions reasonably appear to have been performed within the scop of the interest of employee&#39;s employment, and where representation is in th SENSITIVE

civil, criminal Congressional which hgishe and proceedings in is sued,


capacity.

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06:43:34

Page 4

m *T1HIW TT&#39; *"i 7"WWWlW"TIHMW IWWTI" _ IW IWM MTTII M M" &#39;

i 92 IMUH

In ulu Ium | leulwl

HM n

92

In mains: unumwm

SENSITIVE

Hanl-ID:
the United

LHBSAP1 LEGAL
States.

HANDBOOK SPECIALAGENTS FOR PART 1


See 28 C.F.R. 50.15 c!. However, rep

generally available criminal is not infederal proceeding


esentation

In order to request legal representation,


the

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

employeemust submit a written request for DOJ representa

the employee&#39;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,

representation only on a temporary basis while DOJproces

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

representation by private counselwill be


unless otherwise authorized by

providedfor on quests

an
on

defendingthe legal interests of the employee will

DOJ. Thereafter, responsi

transferred to the United States Attorney : Office,

1 in turn 1 is based normal or in e facts week,

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&#39;6

IDISCLOSUREQFFICIAL INFORMATION QF FBI See MIOG,Part 2, 6-1.1 and6-1.2.!


! Federal statutes and regulations place r

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&#39;s of official duties, th
should obtain approval from the Assistant U.S. Attorney,

on the disclosure of information by FBI employees in

stat

attorney, in chargeof the case or matter. Agentsshould


with their CDCor the Office of the General Counsel, Civi Unit, if they are asked to provide information in connect
civil proceeding.

strictions federal 1 and


i Before

cquired as a
Agent
r other DOJ also consult

partiesregarding the matter andshould toproc incivil litigation instead should refer matters decline information
SENSITIVE

Agents whoare contacted by

counsel for

Litigation
any

on with

rivate ide any


inquiries to

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

SENSITIVE FDR SPECIAL AGENTS PART

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

required to produce in their possession,

all relevant, custody, or con

which have not been

the Agent&#39;s notes, drafts,

placed in

the official
Div:

copies and

FBI file.|

other d

Erol. This cuments


SecCls

**EfDte: 07/26/1999

HCRT#: 915

D9 Cav:

*********************************** END

OF REPORT *****************************
SENSITIVE

Printed: 08/20/2003

06:43:34 Page

n &#39;TTI|I|Y TT

M i &#39;

&#39; WlWi i 9TIH i &#39;

IIK4 In ll ll

u nnluuu

Manl-ID: LHBSAXO

SENSITIVE LEGAL HANDBOOKFOR SPECIAL AGENTS AP

DIX

APPENDIX

1. FD-Z6

- CONSENT

TO SEAR

**EffDte: 04/28/1978
1-1 FD-Z6

MCRT#: 0

Div: D9

Cav:

SecCls:

" CONSENT TO SEARCH

FD 26I Rev. 7-20-94!]


DEPARTMENT OF FEDERAL BUREAU JUSTICE I I I ureau of

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.

person s!, place s!,

or thing s!

to be searched.! i

Ihave
Igive

been advised of my right to


this permission voluntarily.

refuse consent.

I
I I

4. Iauthorize these agents any items tw determine to take which ey


may be related to their investigation.

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

that nothing Federal Bureau

was removed from my custody by of Investigation, U. S. Departmen Signed!

I becial Agents
Justice.

t of I

witnessed:

Special Agent Federal Bureau U.S. Department

of Investigat of Justice

ion

Special

Agent
ion I

Federal Bureau of Investigat U.S. Department of Justice

**EffDte: 08/25/1994

MCRT#: 298 Div; D9


SENSITIVE

Cav:

SecCls:

I I
Page l

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06:43:34

IIKI

I1lXIu. l I Ilul illul

Manl ID: LHBSAXO LEGAL-HANDBOOK AGENTS FOR SPECIAL APPNDIX

SENSITIVE

**EfDte: MCRT#: 02/28/1997Div: 640 D9


2-1

APPENDIX ADVICE 2. |Fn-395 orRIGHTS,


i

Cav: SecC1g: I
-|

Fn~39sADVICERIGHTS LHBSA,|Part| or See 7-3.3.!

FD 395 Rev.|11 5 02!|


ADVICE OF RIGHTS Place

Date Time
YOUR RIGHTS |

Before we ask you any questions, you mustunderstand your

rights. Youhavethe right to remain silent.

1 |
I

Anythingyou say can be usedagainst you in court.


we ask you any questions.

Youhavethe right to talk to a lawyerfOf|3dV1CB before


|

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.

will be appointed for


I

If you decide
you have the right

to answer questions nowwithout a lawyer


to stop answering at any time.

I have read this statement of my rights an I

what my rights are.


without a lawyer

At this time, I

understand
I

amwilling to ans er questions


I

present.

Signed
Witness:

Witness: I
Time:

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LEGAL HANDBOOKFOR SPECIAL AGENTS APP

DIX

APPENDIX|3| .F0-404 **EffDte: 05/01/1985


3-1 FD-404

-YOUR RIGHTSAT A Div: 09


LINEUP

1.

MCRT#: 0

CEV2

- YOUR RIGHTS AT A

SecCls:

FD l+0l+ Rev.|7-18-88!]
roux RIGHTS AT A Place LINEUP

1 I

___________1______ Date Time an

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

You are requiredparticipateain .At to linen:


wish to ntil an

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

er persons, remove certain an

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

and consent to participate


WAIVER AND CONSENT

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

Time: H **EffDte: 01/30/1997

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Manl-ID: LHBSAXO HANDBOOK AGENTS LEGAL FOR SPECIAL APPHNDIX


APPENDIX 4. SELECTED FEDERAL CIRCUIT COURTS OF A THIS PPEALS CASES

SENSITIVE

THAT ARE IN CONFLICT, IN WHOLE OR


THE GENERAL RULES SET FORTH IN

IN PART,

WITH

HANDBOOK SecC1s:

**EffDte:
4-1

05/01/1985
SELECTED FEDERAL IN CONFLICT, SET FORTH IN

MCRT#: 0

Div: D9

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CIRCUIT COURTS OF IN WHOLE OR IN PART, THIS HANDBOOK

APPEALS CAS S THAT ARE WITH THE GEN RAL RULES

SECTION SECTION 2. SECTION 3. SECTION 4. SECTION 5.

1.

PROBABLE CAUSE AFFIDAVITS

None! AND COMPLAINTS N 0! ne!

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

&#39; 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

that the person


understands thos

equires the n of a person


er Miranda

willing person

to answer questions; must be clearly infor


made from

395,
er

and who

on the

failure
the

to sign the waiver d


bei

statements

that

person.

See, U.S.

v.

1275 9th Cir.


SECTION 8. -

1984!.

being H rights is and


! that the
the ed that

INFORHANTS AND ENTRAPMENT N


SENSITIVE

es not prevent g used against ldt, 745 F.2d

ne!

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Man1 ID: LHBSAXO LEGAL HANDBOOK FOR SPECIALAGENTS APPENDIX

APPENDIXFEDERALJUDICIAL cmcuns . |5| MAP


**EffDte: 05/01/1985 MCRT#: 0 Div: D9
5&#39;1 FEDERAL JUDICIAL CIRCUITS MAP

Cav: SecC1s:

Th1s Image

1s not

avazlable

an the

automated manual.

**EffDte: 05/01/1985 MCRT#: 0

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Manl-ID: LHBSAXD

LEGAL HANDBOOK

SENSITIVE FOR SPECIAL AGENTS APP ENDIX

APPENDIX 6.
**EffDte: 02/19/1988

Y MATTERSI FORFEITURE AND ABANDONED PROPERT

MCRT#: 0

Div:

09 Cav:

SecC1s

|6&#39;1 FORFEITURE ABANDONED AND PROPERTY MATTERSFORFEITURE SEE


AND ABANDONED PROPERTY MANUAL.! I
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Man1"ID: LHBSAXO

LEGAL HANDBOOK

SENSITIVE FOR SPECIAL AGENTS APP

NDIX
1 SecCls:

APPENDIX|ETHICAL 7.
**EfDte: 07/26/1999

STANDARDS FOR ATTORNEYS FOR GOVERNMENT THE

TITLE 28, usc, SECTION


MCRT#: 915

53on!|
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DIV: D9

7-1 IETHICAL
TITLE 28,

STANDARDS FOR ATTORNEYS FOR GOVHRNMENT THE


USC, SECTION 530B! I

On April

19,

1999, Title

Z8, USC,

530 Sectio n

5303! took effect. Amendment, is


Government" and

Section 530B, often referred t O35 entitled "Ethical Standards for Atto rneys
provides as follows:

B hereinafter the McDade for the I

" a! An
State laws

attorney for
and rules,

the Government
and local Federal

shal

governing attorneys in each state where engages in that attorney&#39;s duties, to the sa the same manner as other attorneys in that S

1 be court such

subject to
rules,

attorney E e extent and in


d rules th this of the

" b! The
section.

Attorney General
Justice to

shall make

and amen ate.


wi

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."

also includes independent em; and any counsel, or gulations


loyee of d
E the el for .F.R. Couns

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 Counsel O 33 111

the FBI

OGC!

vestigators or ce DOJ! who

"attorney for

the Government.

Therefore,

CDCs who

ar

SAUSAs will
duties as

have to
SAUSA.

comply with Section 530B this section


refer to

Section 530B

while per

ial Assistant finition of

appointed as

orming their are currently being dr should be directed to


19, 1999 EC, enti
IMPLEMENTING fted. the CDC. For led "DEPARTMENT ITLE 28 u.s.c.

Rules implementing Questions regarding


further guidance,
OF JUSTICE

the April

PROPOSED FORMAL

INTERIM RULES

SECTION 5308,

ETHICAL STANDARDS FOR ATTORNEYS FOR THE

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Hanl-ID:

LHBSAXO LEGAL-HANDBOOK SPECIAL AGENTS FOR APP

DIX

APPENDIXIS.SEARCH WARRANT ORAL UPON TESTIH


FORHERLY LHBSA, PART 1, 6! 2 **EffDte: 07/26/1999 MCRT#: 915 Div: D9 Cav:

clay
SecCls:

[8-1

SearchWarrant UponOral Testimony


Formerly LHBSA,Part 1, 2-6!

Rule 41 c! !, FED.R.CRIM.P., establishes a the issuance of a search warrant where the circumstanc

rocedure for s make it

a magistrate. The rule provides that a


issue a warrant

reasonable to dispense with a

written affidavit

presen ed in person to
may
us, state rule.

Judge federal magist ate

radio, or other electronic method of communication. T judgesare not authorized to issue warrants under this
Guidelines for such issuance have also been establishe

based upon sworn testimony communicate by telephone,


by the U.S. 41 c! ! and
for

Magistrates Committee the Judicial Conference. Ru e of


the Guidelines specify the following procedures to be
issuance of a warrant based upon oral testimony.

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&#39;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

personwhosetestimonyforms the basis of the applicat purpose of the

call,

! After the magistrate is informed of the the magistrate is required to immediately place

recordingdevice or, if unavailable, by


longhand record.

means a ste The magistrate of

ia voice ographic or
the

After

being sworn, the need for employing this

telephonic procedureis to be established by


warrant. In
relevant:

demonstrating such need, the following fa ptors are a! The Agent cannot reach the magistr
hours;
te in his or

the Agent seeking

her office distance

during regular court

b!
c!

The Agent conducting the search is a significant


The factual situation is such that

from the magistrate;

iit would be

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Manl-ID: LEGAL FOR AGENTS LHBSAXO HANDBOOK SPECIALAPPNDIX


unreasonable a substituteAgent,who locatednear the for is magistrate,to presenta written affidavit in personto the magistrate

SENSITIVE &#39;

in lieu proceeding of telephonically;


fugitive would escape.

that a

there would

the telephonic procedure, a

d! The need a search for warrant sdchthat without is


search warrant could not b obtained and

be a significant risk that evidence 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. &#39;

Wherecircumstances have allowed for the preparation o a written

Probable cause the search for mustbe edtablished.


The

magistratemay questions solicit additional inlormation ask and


necessary for a finding of probable cause.

statement cause, be tothe ofprobable should it read gagistrate.


! The magistrate will order issuance of the warrant The duplicate original warrant may hen be

directing the affiant to sign the magistrate name : onlthe duplicate


original warrant.
executed. &#39;

warrant

and to enter on the face of the warrant

8! Themagistrate is required to preparea original

the ex ct time when

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

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ENDOF REPORT *****

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Manl-ID: LHBSAXO

LEGAL HANDBOOK FOR SPECIAL AGENTS APPENDIX

SECTION 9.

- CIVIL

AND CRIMINAL LIABILITY NOHQ!

**EEfDte: 10/09/2001 HCRT#: 1159 D1v: D9


SENSITIVE

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