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— ee cork et ah ee ee Ab duke oOh ZZ. SENSITIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 bh ee (a Ba a eee that is, facts of such quality and quantity to justify a reasonable belief that the arrested person has committed a crime (probability that a crime has been committed). Where the Agent has a lesser quantity of facts which supports only a reasonable suspicion that a crime may have been committed and a particular person may have been involved (possibility that a crime has been committed), Agent may still take action. Agent is justified in temporarily detaining the suspect and making reasonable inquiry to determine if in fact a crime has been committed. A particularized reasonable suspicion of criminal activity also justifies the investigative stop of a motor vehicle for the purpose of questioning its occupants. Agent's inquiries should be conducted in such a manner as to uncover additional facts regarding the suspected criminal activity. Such additional facts may be sufficient to meet the test of probable cause and justify an :mmediate arrest, **EfEDte: 05/01/1985 MCRT#: 0 Div: D9 Cav: SecCls: 4-2.2 Release of Suspect The Agent may detain the suspect for a reasonable time and must release the suspect if additional facts are not developed supporting probable cause to arrest. The investigative detention concept includes not only suspicrous situations involving violent crimes but also investigation of possessory and "white-collar" crimes, **EFFDte: 05/01/1985 MCRT#: 0 Div: D9 Cav: SecCls;: 4~2.3 Duration of Detention J An Agent may detain a suspect for a reasonable period of time or until the suspicions of the Agent are dispelled, whichever comes first. What constitutes a reasonable period of time is a flexible concept requiring assessment of a variety of factors, such as the suspect's cooperation, the nature of the criminal activity being investigated, and whether the Agent pursued a diligent course of investigation thus avoiding unnecessary delay. For example, whether the suspect is answering logical questions such as who he/she is and what he/she is doing may be considered when determining whether a detention should be extended. An Agent should diligently pursue logical investigation and avoid unnecessarily extending the length of time of the detention. For example, bringing a witness to the site of the detention to identify the detainee in order to quickly clarify the situation 1s permissible. Finally, it is recognized that some types of criminal activity cannot be sufficiently investigated in the amount of time other types of illegal activity may be investigated. | **EFfDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 4-2.4 Site of Detention (See 5-2.2.18 (3).) SENSITIVE Printed: 08/20/2003 06:43:34... Page 2