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Legal Handbook for FBI Special Agents — Part 1
Page 21
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eG Ld A Re
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Manl-ID:; LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1
_- eee
he/she will be found. | |
**EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
3~2 CRIMINAL LIABILITY-ESCAPE
An Agent who either voluntarily or negligently permits the
escape of a prisoner in Agent's custody by virtue of process issued
under the laws of the United States by any court, judge, or
Magistrate, 18 guilty of a Federal criminal violation (Title 18, USC,
Section 755).
**EfFEDte: 11/10/1988 MCRT#: 0 Div: D9 Cav: SecCls:
3-3 ARREST WITH WARRANT
**EfFFDte: 11/10/1988 MCRT#: 0 Div: D9 Cav: SecCia:
3-3.1 Policy
Wherever possible, prosecution should be authorized by the
USA, and a warrant issued prior to an arrest. In addition, a search
warrant is to be obtained before entry to third party premises for the
purpose of arrest, in the absence of consent or exigent circumstances.
SACs may authorize Agents to execute arrest warrants. In
extraordinary circumstances, prior FBIHQ authorization should be
obtained. For example, where the arrest may have a significant impact
on an investigation in another field office, or where the arrest is
likely to cause wide publicity due to the identity or status of the
arrestee, FBIHQ should be notified and prior approval obtained before
arrest.
**EFEDte: 11/10/1988 MCRT#: 0 Div: D9 Cav: SecCls:
3-3.2 Prompt Execution
While there is no time limit on the execution of arrest
warrants (unlike search warrants), as a general rule, the arrest
should be made without prolonged delay.
*KEfEDte: 11/10/1988 MCRT#: 0 Div: D9 Cav: SecCls:
3-3.3 Joint Arrests (See MIOG, Part 2, 11-2.1.2(2).)
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