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SENSITIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 2 4 A 1d Where possible, SAC authority should be obtained before making warrantless arrests. |Agents are authorized to make warrantless arrests for any federal crime (felony or misdemeanor) committed in their presence.| Authority for warrantless felony|arrests|extends to crimes not committed in the presence of Agents, if they have probable cause to believe the person to be arrested has(committed a federal felony.| Use of the warrantless arrest authority should be limited to those instances in which sound judgment indicates the obtaining of a warrant would unduly burden the investigation or substantially increase the potential for danger or escape. | (See LHBSA, 3-4.3, for nonfederal errest authority.) | **EFEDte: 01/30/1997 MCRT#: 583 Daves DY Cav: SecCls: 3-4.2 Notification to U.S. Attorney Where a warrantless arrest has been made, the USA should be contacted immediately for authorization of prosecution. **kEFEDte: 05/28/1980 MCRT#: 0 Div: D9 Cav: SecCls: 3-4.3 Nonfederal Crimes (See|LHBSA, 3~4.1, and Section 9.) (1) There is no federal statutory authority for FBI Agents to intervene in nonfederal (state) crimes. However, based upon guidance provided by the Department of Justice, it is the policy of the FBI to permit certain types of nonfederal arrests when exigent circumstances exist. (2) As a general rule, arrests for state crimes should be made by an Agent where a serious offense (felony or violent misdemeanor) has been committed in his or her presence and the immediate intervention and assistance of that Agent are necessary to prevent escape, serious bodily injury, or destruction of property. (3) Agents are also encouraged to arrest a person who is the subject of an FBI inquiry that has been initiated in accordance with the Attorney General guidelines when a state or local arrest warrant for that person is known to be outstanding and the person is encountered during an investigation and would otherwise escape. Similarly, an FBI Agent working in concert with state or local law enforcement officers who request assistance in the apprehension of a nonfederal fugitive encountered during the course of a federal investigation should provide the requested assistance when reasonable under the circumstances. (4) In some states, legislative authority exists for intervention by a federal Agent in certain types of state crimes as a peace officer rather than as a private citizen. Deputization as a SENSITIVE Printed: 08/20/2003 06:43:34 Page 4