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Memorandum to Mr. Adams Re: HEARNAP ™_ purpose of executing search warrants, but by judicial interpretation : that statute has been used to measure entries to execute arrest warrants as well. In summary, Section 3109 authorizes forcible entry into private premises in order to execute a smrch warrant or to njake an arrest where: (1) the officer has the authority to make the arrest; (2) he has reasonable cause to believe the person to be arrested is in the premises at that time; (3) he gives notice of his authority, purpose and identity and demands entry and is refused entry by an occupant of the premises. { I explained that Bureau policy as stated specificdly in our manuals is entirely in accord with the law. I pointed out that the difficulty in individual cases lies in the determination that must be made by the Agent on the scene as to whether he has at that time sufficient basis for a reasonable belief that the fugitive is in the premises to be entered, I said that that requires a subjective determination by the Agent which obviously can be reviewed by others later who may or may not disagree with the Agent's judgment. At that point the Director commented that his concern with this matter was the publicity being given the incident and the inquiries being received from Members of Congress and elsewhere. He told the Attorney General that he was carefully reviewing the facts of this matter and his full inquiry has not as yet been completed. He said that he intends to respond to those making inquiry very carefully explaining the Bureau policy is consistent with the law. The Attorney General commented that as a resull of my presentation it appeared that the critical question concerning the matter in Alexandria was whether or not there was sufficient probable cause to believe that the fugitive was in the premises. I told the Attorney General that was the issue. The Attorney General then opened the matter to questions from others at the staff conference and the only question raised was presented by a representative cf the LandsDivision who asked me whether there was a specific decision that weuld authorize forcible entry into premises based on an anonymous tip alone. I explained to him that -2- CONTINUED - OVER - - = .