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SECTION 2. ARRESTS, INTERVIZWS AND CONFESSIONS, oo, = . it Be me, " oo. ARCHES AND SEIZURES -§.- & Tere aap on should wear their badges in such a manner as to display immed ia tg tapered , their authority if challenged either by s police officer or a- ; citizen, me , a ; (9) The first conversation with a person under arrest is extremely oa . important and will enable such person to judge the ability of the toy eee .: _ Agent at the time of the arrest, A person under arrest should Lome * ad *re made to understand that Agents will demand prompt and absolute” 9,. +. - obedience. Unnecessary conversation should be avoided. . It is -the-° responsibility of the arresting Agent to infor fa persom,under 5 . - arrest of the charges against him, The languagéQused,in explaining. “the charge and offense should not be in. greater detail than ¢t be a &. language appearing in -the body of the warrant. Prizoners’ havef °° been known to use many ruses in an effort to destroy %evidefice® or: to effect. an escape following their arrest, Prisoners:should not be granted personal privileges immediately following arrest and immediate requests for water, cigarettes, and permission to go to the lavatory before being searched should be denied, If, due to the circumstances, prisoners are to be transported long distances, common sense and good judgment shoyld dictate the personal priv— ileges granted, — . aN a, (10) Where a person is arrested in his home, *offioe, or plase of business, he should not be permitted ‘to move about but should be. ‘required to sit in a ohair in th cénter sof the room. If it is... necessary to obtain clothing for Be.persoh under arrest, Agents ‘*. - should inquire as to the location ofatheelothing so that it may be obtained by an Agent. Such clothing, should be carefully . searched prior to delivery to the ‘prisoner , . -@. Forcible entry os " Fo (1) dn making an arrest with a warrant Agents have authority to break - of outer ang inner doors of a dwelling if the entry-is made in food .. cos ‘ faith and with reasonable cause to believe that the person to be ey) , arrested is within#the premises, But notice must first be given: of authority and par poke, with a demand for admission, and a refusal. Miller v. UW. SS, 357 U. S. 301 (1958). Oo : In making arrests without.a Warrant Agents have authority to break outer or inner doors of a dwelVing, provided that (a) all the elements necessary to make a‘awful arrest without a warrant are present, and (b) the same rule on notice of authority and purpose, Re. ang demand for admittance, as that described above for arrest . & £ with a warrant, is followed. A Federal officer making a forcible j rr entry into a private dwelling to effect an-arrest without a warrant. mustsbe prepared to show that there was probable cause to believe ° that the péxson to be arrested had committed a felony or was committing, ity, that there were reasonable grounds for believing that, he wa Sin “the dwelling at the time, and that the emergenoy Pte circumstance Siunder which the arrest had to be made were such that. 0° 7} | - there Was nodyreasgonable opportunity to apply for a warrant before : i bs ae -Making thé,arrest., Smith v. U. $., 254 F. 2d 751, 766 (1958); wat art ct Johnson v, UirS., 334 UL S. 10, 14 (1948); McDonald v. U. S., 335 0 7.” | U. S. 451, 455, 460 (1948); Jones v. U. S., 357 U. S. 493 (21958), 7s Oe Every questionable situation must be resolved in favor of obtaining © & warrant if the circumstances allow any practicable way of doing BO. . ; . 2: In executing a search warrant an Agent has authority to break open | . any outer or inner door or window of a house, or any part of a ; nye! house, or anything therein, if, after notioe of his authority and...) 0° Sp Purpose, -he is refused admittance or when necessary to liberate~ gs himselt or a person aiding him in the execution of the Warrant, =r os: @ gitle 18, usc, § 3109, 7 ee ve q efThere is, unfortunately, uncertainty in the law in regard to the *- a making of the required announcement of identity anda purpose, and”. demand for entrance, before breaking and entering to make the "2° ¥\ . arrest or search in the situations described in f1) above, The . ‘ or ~ . oo . . r ce rete am ne ae a my ~~ — va, ; - 7 7 oe en uele. q-/ S20d~ 7 u Ss 7 EMMA