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a | 16 ES Fh oi We tae SENSITIVE Man1-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 eee SECTION 5. SEARCH AND SEIZURE **Ef£Dte: 04/28/1978 MCRT#: 0 Div: D9 Cav: SecCls: 5-1 IN GENERAL (See 8-3.2 and MIOG, Part 1, Section 91-9, Part 2,|/Sections 11-1.3.1 (6) and 11-4,5.2.) | (1) By the terms of the Fourth Amendment, a search for or seizure of evidence must be reasonable. Under the Fourth Amendment, all searches must be reasonable at their inception and reasonable in their execution. Whether a search meets Fourth Amendment standards will depend on the justification for the search and the scope of the search conducted. In all cases, Agents must be prepared to articulate the basis for the search and the manner in which it was conducted. (2) The right of privacy is a personal right, not a Property concept. It safeguards whatever an individuel reasonably expects to be private. The protection normally includes persons, residences, vehicles, other personal property, private conversations, private papers and records. (3) The Supreme Court has determined that there is no reasonable expectation of privacy in certain ereas or information. As @ result, government intrusions into those areas do not constitute a search and, thus, do not have to meet the requirements of the Fourth Amendment. These areas include: (a) open fields: (b) prison cells; (c) public access areas; - (d) vehicle identification numbers. (4) The Supreme Court has determined that certain governmental practices do not involve an intrusion into 2 reasonable expectation of privacy and, therefore, do not amount to a search, Consequentiy, these practices do not require compliance with the Fourth Amendment. These practices include: (a) serial surveillance conducted from navigable airspace; (b) field test of suspected controlled substance; (c) odor detection. (5) If a reasonable expectation of privacy is terminated, subsequent governmental intrusion into the area does not constitute a search under the Fourth Amendment. A reasonable expectation of SENSITIVE Printed: 08/20/2003 06:43:34 Page 1