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Legal Handbook for FBI Special Agents — Part 1
Page 104
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SENSITIVE
Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PAR
CAR a |
Til
i ad
_-_- _ - |
be signed in the presence of a witness or witnesses in
Agent to whom the statement was made. If only one Age
and no other witnesses are available, a brief explanat
regarding the circumstances should be included in the
accompanying the Agent's report. A witness to a signe
confession should sign his full name, together with hi
he has no title, his address.
**EFFDte: 04/28/1978 MCRT#: 0
Div: D9 Cav:
7-12.10 Furnishing Copy of Statement
Agents should not volunteer to furnish a ¢
addition to the
in is present,
ry note
cover page
d statement or
4 title, or if
SecCls:
opy of a
confession or signed (or unsigned) statement to aebiects or their
attorneys. If any such person requests a copy after t
formally referred to the USA, the person requesting th
referred to the USA. A case will be considered formal
the USA when facts are presented to him and he indicat
likelihood of ultimate prosecution. I£ the copy 18 re
formal referral, it should be furnished. If the defen
prospective defendant, or witness interviewed after fo
offers to give a confession or signed statement only u
condition that a copy will be given to him, the statem
confession should be taken and the copy furnished unle
readily be reached for an opinion and advises to the c
**EFEDte: 04/28/1978 MCRT#: O
Div: D9 Cav:
7-12.11 Preservation of Statement and FD-395
The original statement or confession (sign
and the FD-395 or other original record of warning and
rights should not be mutilated by punch marks, block gs
numbers but should be retained and preserved in their
condition in the|1A/envelope| (FD-340) |of the| investiga
and should not be forwarded to FBIHQ. Where an invest
in an accumulation of a large number of statements, ne
their retention in a place other than the|1A envelope,
should be retained as|1C material (FD-192A).| Statemen
e case has been
copy should be
iy referred to
s the
uested prior to
ant,
rmal referral
on the
nt or
as the USA can.
gatrery.
SecCls:
éd or unsigned)
waiver of
amps, or file
viginal
ive|case file
gation results
essitating
the statements
S are an
integral part of the investigative case file and must not be destroyed
without prior FBIHQ authority.
**EfEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav:
7-12.12 Delivery to U.S. Attorney
A statement or confession should be delive
SENSITIVE
Printed: 08/20/2003 06:43:34 Page 16
SecCls:
ved at the time
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