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eee a SE medi ee a US SENSITIVE Manl~ID: LHBSAP] LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 eee state peace officer is another means which allows a Federal officer to make arrests for state offenses with the authority and immunities of a law enforcement officer of the state or one of its subdivisions. Of greater significance in terms of potential personal liability, however, is the issue of whether intervention by an Agent in a particular nonfederal crime falls within the scope of employment. Agents who intervene in serious nonfederal crimes committed in their Presence or who arrest a state fugitive under the circumstances previously described will normally be considered to be within the scope of employment. While a determination as to legal representation must depend on the facts and circumstances of each case, the Department of Justice, as a general rule, will provide legal representation to Agents who act in accordance with this policy. (5) It is important to note thet the Department of Justice has indicated that efforts to enforce minor infractions of the law--such as shoplifting or traffic violations-~are not generally considered within the scope of employment. Accordingly, civil actions against federal personnel concerning acts which fall outside the scope of employment will not be removed to federal courts, and defendant employees in such cases will not be eligible for legal representation provided for by the Department of Justice. An Agent's status with respect to civil liability in such cases will depend on a particular state's law, which may require an employee to defend himself/herself as an ordinary citizen. **EFEDte: 01/30/1997 MCRT#: 583 Div: D9 Cav: SecCls: 3-4.4 Adherence to FBI Policy Where instructions are received from the USA or USA's assistant for arrest and detention of a subject in any manner contrary Co FBI rules and regulations, such instructions are not to be complied with in absence of FBIHQ authority. On receipt of such instructions, FBIHQ should be promptly advised. **EFEDte: 06/19/1992 MCRT#: 0 Div: D9 Cav: SecCls: 3-5 PROMPT APPEARANCE BEFORE MAGISTRATE (See 7-16 and MIOG,|Part I, 88-5.2;|Part II, 2-7.1, 2-11.4.1 and | [Except as provided below, whether|the arrest is made with | or without a warrant, the person arrested must be taken before the nearest available federal magistrate without unnecessary delay. If a federal magistrate is not available, the person arrested may be brought before a state or local judicial officer authorized by Title 18, USC, Section 3041. |That procedure need not be followed if the SENSITIVE Printed: 08/20/2003 06:43:34 5 Page