HEARNAP — Part 14 — SpookStack

HEARNAP — Part 14

987 pages · May 09, 2026 · Document date: Apr 12, 1972 · Broad topic: Famous Crimes & Fugitives · Topic: HEARNAP · 987 pages OCR'd

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Orhona, poru Wo 16 Wlo- 1s mead 1GG7 FOLIC . 6034 Gre aro. WO TF YNITED STATES SRNMENT &sz0c. Ov. ‘ een “ Dep. AD adm. ; so, Dep. 40 Ins. Memorandum oo te . Comp. Syar. TO - MreJ. B. Adams pare: 3/26/75 Est, ales r . ; . Gan. ine. “y hy , ident. FROM ‘Legal Couns¢l.) , i ie eee cape. «(A . Spec. In SUBJECT: @ ra \ HEARNAP ones — . Telephone Fe . Direcrel Se-'y The Attorney General's staff meeting for March’ 26, 1975, scheduled discussion by representatives of the FBI concerning oy "Entry of premises to execute an arrest warrant." I accompanied the Director to the meeting and when the Attorney General called for — > ! the FBI presentation, the Director requested me to comment concerning a the law on entry of premises to execute an arrest warrant. 4 I discussed Rule 4 of the Federal Rules of Criminal Procedur "e. 3 a0 which provides that a Federal arrest warrant may be executed at any 2, place within the jurisdiction of the United States. I pointed out that it ry is not necessary for the arresting officers to have the warrantin hand =. oo. at the time ef an arrest. Itis only necessary that the officer have the v7 authority to make a Federal arrest and that he have knowledge that the warrant is outslanding.. I tdd the Aitorney General that there is no provisicn in the Federal law for an application to be made for a search warrant to search for a person who is the subject of an arrest warrant. Rule 41 of the Federal Rules provides authority for the issuance of search warrants only for property which might be evidence cf a crime, but it docs not authorize issuance of a search warrant for the person of an individual. Therefore when there is information. indicating that a fugitive is located in premises protected by the Fourth Amendment, the only authority available to the Federal agent is the authority of the arrest warrant. The arrest warrant is sufficient authority to authorize entry inte The pau isps \, to search for and effect the arrest of a fugitive. ah OD ‘ - IO a se 5 jRE— “AUG, 5 5 psoas Where the premises may not be entered peacefully as by *.onsent t of the occupant, provisions of Tille 18, United States Code, Section 3109, become operative. Seclicn 3109 pertains exclusively to enf¥ireStor the I= Mr. Gebhardt wee 1 - Mr. Moore oe 1- Mr. Basscit \ 1 - Mr. Mintz ; JAM:nfd (5) Pr a uf6

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Orhona, poru Wo 16 Wlo- 1s
mead 1GG7 FOLIC .
6034 Gre aro. WO TF

YNITED STATES SRNMENT

&sz0c. Ov.

‘ een “ Dep. AD adm.
; so, Dep. 40 Ins.
Memorandum oo te
. Comp. Syar.
TO - MreJ. B. Adams pare: 3/26/75 Est, ales
r . ; . Gan. ine.
“y hy , ident.
FROM ‘Legal Couns¢l.) , i ie eee
cape. «(A . Spec. In
SUBJECT: @ ra
\ HEARNAP ones
— . Telephone Fe
. Direcrel Se-'y
The Attorney General's staff meeting for March’ 26, 1975,
scheduled discussion by representatives of the FBI concerning oy
"Entry of premises to execute an arrest warrant." I accompanied
the Director to the meeting and when the Attorney General called for — > !

the FBI presentation, the Director requested me to comment concerning a
the law on entry of premises to execute an arrest warrant. 4

I discussed Rule 4 of the Federal Rules of Criminal Procedur "e. 3 a0
which provides that a Federal arrest warrant may be executed at any 2,
place within the jurisdiction of the United States. I pointed out that it ry

is not necessary for the arresting officers to have the warrantin hand =.

oo.

at the time ef an arrest. Itis only necessary that the officer have the v7

authority to make a Federal arrest and that he have knowledge that the

warrant is outslanding.. I tdd the Aitorney General that there is no provisicn

in the Federal law for an application to be made for a search warrant to

search for a person who is the subject of an arrest warrant. Rule 41 of the

Federal Rules provides authority for the issuance of search warrants

only for property which might be evidence cf a crime, but it docs not

authorize issuance of a search warrant for the person of an individual.

Therefore when there is information. indicating that a fugitive is located

in premises protected by the Fourth Amendment, the only authority

available to the Federal agent is the authority of the arrest warrant. The

arrest warrant is sufficient authority to authorize entry inte The pau isps
\, to search for and effect the arrest of a fugitive. ah OD

‘ -

IO a se 5

jRE— “AUG, 5 5
psoas Where the premises may not be entered peacefully as by *.onsent
t

of the occupant, provisions of Tille 18, United States Code, Section 3109,

become operative. Seclicn 3109 pertains exclusively to enf¥ireStor the

I= Mr. Gebhardt
wee 1 - Mr. Moore
oe 1- Mr. Basscit
\ 1 - Mr. Mintz

; JAM:nfd (5)

Pr a uf6