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HEARNAP — Part 14
Page 446
446 / 987
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.
,
,
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Footnotes
A A NT a EE GE HS =
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