◆ SpookStack

CO ee AHP seat one RR MM A MR ba SENSITIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 _- ee If the USA/AUSA recommends any additions, deletions, or other changes in the probable cause statement, such changes should be made before filing with the magistrate judge. | **EFEDte: 07/26/1999 MCRT#: 915 Divs D9 Cav: SecCls: |1-6.3 Final Review and Filing A copy of every Complaint and Affidavit for Search Warrant filed by an Agent is to be obtained for filing as a serial in the case file. Before such documents are placed in the case file, they are to be reviewed and initialed by the CDC, ADC or FBI Legal Advisor. The purpose of this review 18 to enable the field office to maintain control over the quality of Complaints and Affidavits prepared by Agents. Efforts to obtain warrants, whether or not successful, should be reported to the CDC, and a record thereof placed in the case file.| *xEff£Dte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 1-7 | PREPARATION GUIDELINES FOR PROBABLE CAUSE STATEMENT | The validity of a warrant may be jeopardized by careless mistakes in the preparation of the supporting affidavit. The following may help to avoid mistakes: (1) USE SIMPLE, CONCISE LANGUAGE. The purpose of an affidavit is to communicate information to a magistrate judge. Using stilted, archaic language is detrimental to that purpose. (2) AVOID POLICE JARGON. Words and phrases peculiar to the law enforcement profession may not be clearly understood by a magistrate judge. to include all of the information relevant to probable cause, it is equally important to avoid the clutter of irrelevant information. An affidavit is a probable cause statement, it is not an investigative report. (4) USE SEPARATE, NUMBERED PARAGRAPHS. A separate, numbered paragraph for each source of information is an effective organizational technique. (5) WHEN, WHO, FROM WHOM, HOW, AND WHAT. For each source of information, the affidavit should indicate whenever possible WHEN information was received, WHO received or acquired it, FROM WHOM (if hearsay) it was received, HOW the source acquired it, and WHAT the information is. It is recognized that this formula will not fit all circumstances. However, using it as a guide will minimize the risk SENSITIVE (3) AVOID EXTRANEOUS INFORMATION. While it is important Printed: 08/20/2003 06:43:34 Page 9