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Legal Handbook for FBI Special Agents — Part 1
Page 42
42 / 138
v—_e. CO es a ed ee ace ie ih a
SENSITIVE
Man!-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1
ee
search warrant, yet support a reasonable suspicion that the object
contains contraband or other evidence of criminal activity. In such a
situation, the Agent may detain a package, box, trunk, or suitcase
temporarily while attempting to secure additional facts justifying a
search warrant.
(2) | An Agent may detain property for a reasonable period
of time or until his or her suspicions are dispelled, whichever comes
first. During this time, the privacy of the package and its contents
must not be disturbed. As with the detention of a person, the
reasonableness of the length of detention is a flexible concept. The
reasonableness of the length of the detention of the personal property
depends on the nature of the property, the container in which it is
located, the person from whom it was taken, and the circumstances of
the detention, Since a person relinquishes any possessory interest in
personal property given over to a third party, an extended detention
of such property when reasonable suspicion exists that it contains
evidence or contraband, even one lasting several hours, may be
reasonable. For example, a package deposited for shipment by postal
authorities may be detained for several hours. On the other hand,
where the property is seized directly from the possessor, such as
where a suitcase is taken from an airline passenger, and the detention
interferes with the possessor's freedom to proceed on his/her journey
as well as the possessory interest in the property, the duration of
the detention must be brief. |
(3) |Deleted| |
**EfEDtes 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
SENSITIVE
Printed: 08/20/2003 06:43:34 Page 7
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