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Legal Handbook for FBI Special Agents — Part 1
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SENSITIVE
Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1
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providing sufficient information to a Magistrate judge to establish
probable cause without disclosing the identity of a confidential
source. The following paragraphs illustrate how this may be
accomplished:
"On December 15th, 1998, a confidential informant furnished
information to me. This informant has given me information on six
prior occasions within the past year which has resulted in the
recovery of property stolen from the United States Government as
well as property stolen from an interstate shipment. The
information has resulted in the arrest of two individuals.
Further details as to the past information provided by this
informant would furnish clues as to his/her identity. The
identity of this informant should be kept confidential because
disclosure would endanger his/her life and impair his/her future
usefulness to law enforcement. The informant told me that the
following information is based upon his/her personal observations
and knowledge: Within the past week, the informant has observed
items marked Property of the United States' in a warehouse at
1435 Old Triangle Road, Triangle, Virginia. During the time of
these observations, fifteen or twenty persons were present in the
warehouse and several others arrived and departed. <A man called
Shorty,' believed to be the owner of the warehouse, was also
present. Shorty is further described ... etc."|
**EfEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
1-6 |REVIEW AND APPROVAL OF COMPLAINTS AND AFFIDAVITS | |
*kEFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
[1-6.1 Review by Field Office Chief Division Counsel (CDC)
Where possible and practicable, an Agent should review the
facts of probable cause with the Chief Division Counsel, Associate
Division Counsel (ADC), or FBI Legal Advisor before presenting the
matter to the United States Attorney (USA) or Assistant United States
Attorney (AUSA). |
**EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
[1-6.2 Bureau Policy - USA/AUSA Approval |
It is FBI policy that an Agent seeking an arrest or search
warrant must obtain prior authority from the USA or AUSA before filing
a Complaint or Affidavit for Search Warrant with the magistrate judge.
SENSITIVE
Printed: 08/20/2003 06:43:34 Page 8
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