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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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an Eten ln le lah i Ln a and purpose; an oral statement is sufficient. 137° Moreover, the etrequirement that an officer announce his authority an3 purpose is inapplicable in limited situcztions where the , annbuncement would (1) create a Ganger to the officer or others, (2) create a danger that the suspect might escape, {3) create a dancer of destruction of evidence, or (4) be superfluous because the occupant kncws © of his presence and purpose. i4/ 7 .: If after announcing his authority and purpose, an officer is denied admittance, then he may use reasonabie for to enter the premises. 15/ — ee < On the basis of the March 19 FBI memorandum, it appears that the FBI officials announced their authority, but not their purpose as is reguired absent exigent circtimstances. t also appears that reasScnable force was usel to effectuate _entry after admittance had been denied. However, a full report ‘on the incident by the FBI's Inspection Division would be —______needed to reach a final conclusion as to whether the 2Agents’ announcement at Apartment 10 satisfied the requirements of 83109. Third Party Premises - , The Alexandria episode appears to have been a great. Geparture from normal FBI practice. he unéerstand that FBI _agents are instructed that the Constitution rcquires probable cause to believe that a suspect is present upon premises ee belonging to a third party, before the premises are forcibly entered to execute an arrest warrant. The Supreme Conrt has “not required search warrants before such premises may be ““entered to execute an arrest warrant. . We woulda be reluctant to conclude on the basis of this incident alone that search warrants should be required. The manner in which FBI agents announce their aulhority and purpose in executing arrest and search warrants may w further inquiry. For example, many individuals in high c areas may be unéerstandably reluctant to open their coors at night upon a simple oral expression of authority - Hovever, we _ . believe that questions of this sort arising from the Alexandria ingident may be more intelligently pursued atter you have the report of the FBI Inspection Division. , , Attachment Footnotes A A NT a EE GE HS =
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HEARNAP — Part 42
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