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Legal Handbook for FBI Special Agents — Part 1
Page 39
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SENSITIVE
Man1-ID: LHBSAP1 LEGAL -HANDBOOK FOR SPECIAL AGENTS PART 1
_
include, for example, the displaying of a weapon by the Agent under
circumstances justifying a reasonable suspicion on the Agent's part
that his/her life may be in danger. Thus, an Agent would be justified
in drawing his/her weapon when detaining a bank robbery suspect when
the Agent has a reasonable suspicion that the suspect is currently
armed.
(3) Handcuffs should not be used as 2 normal procedure in
maintaining a temporary detention; however, such restraints are
reasonable under special circumstances and will not automatically
convert the detention into an arrest. For example, attempts by a
suspect to turn and flee or a suspect's refusal to comply with
commands to keep his/her hands in view of the Agent might justify the
use of handcuffs during the detention period.
**EFEDte: 05/06/2002 MCRT#: 1192 Div: D9 Cav: SecCls:
4-2.6 Interrogation and Advice of Rights
As a general rule, # stop and detention is not such a
significant deprivation of freedom as to constitute custody, as that
term is commonly understood. Persons temporarily detained for brief
questioning by Agents who lack probable cause to make an arrest need
not be warned of their rights against compulsory self-incrimination
and to counsel until such time as the point of arrest has been reached
or the questioning has ceased to be brief and casual and becomes
sustained and coercive.
**EFEDte: 05/28/1980 MCRT#: 0 Div: D9 Cav: SecCls:
4-2.7 |Deleted) |
*XEFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
4-3 [LIMITED SEARCH FOR WEAPONS |
**EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
4-3.1 Authority to Conduct a Limited Search for Weapons | |
(1) |A limited search is permitted for weapons only, |
provided the following factors are present:
(a) there has been a lawful investigative stop; |
(b) there is reasonable suspicion that the person
detained may be armed;
SENSITIVE
Printed: 08/20/2003 06:43:34 Page 4
Wt Wenner
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