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oe moe ESE On SENSITIVE Manl~ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 5-2.2.3 |Moved to 5-2.2.2| **EfEDtes 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 5-2.2.4 |Reasonableness of Force (See MIOG, Part 2, 11-2.1.5.) The manner of entry to conduct a search must be reasonable. The reasonableness of the entry will depend upon the response of the person against whom the search is directed. If the person complies with the entry demand, the Agents may peaceably enter and conduct the search. If the person refuses to comply, an immediate forcible entry should be made. The force used should be sufficient to allow Agents to promptly and safely gain access to the premises but no more. Ordinarily this would allow for the breaking open of a door and/or window. Devices such as pry bars, axes, and battering rams may be used for the purpose of making immediate forcible entries. If the person behind the door remains silent or responds ambiguously to the demand, Agents must wait 2 reasonable amount of time before making a forcible entry. Examples of ambiguous responses are: "I'm getting dressed" or "Take it easy" or "What's the rush." A reasonable time depends on the circumstances, particularly on the object of the search. What may be reasonable with respect to stolen typewriters may not be reasonable where gambling records on flash paper or water— soluble paper are sought. As a general practice, Agents should document the amount of time that lapses between the demand for entry and the forcible entry itself. Agents are under no obligation to argue or negotiate with a person whose property is to be searched. Nor should they display credentials through peepholes, slide copies of the warrant under the door, or otherwise delay the execution of the warrant beyond the procedure described above. | **EEEDte: 07/26/1999 MCRT#: 915 Div: DY Cav: SecCls: 5-2.2.5 |Controlling the Premises (See 5-2.2.18 (3).)| After having made entry, Agents should take whatever reasonable steps are necessary to protect themselves. They may control the movements of persons found inside the premises and may conduct a limited search of people for weapons if the Agent has a reasonable suspicion that they are armed. While executing a search warrant on premises, Agents have authority to detain occupants while the search 18 being conducted. Agents may conduct a limited search of persons for weapons only if Agents have a reasonable suspicion that the person searched 1s armed. Restraining devices may only be used when to do so is reasonable under the circumstances. Title 18, USC, Section 2231 makes it a felony to assauvit, resist, oppose, prevent, impede, intimidate or interfere with an Agent attempting to execute a search warrant. Hence, a person may not obstruct the execution of @ warrant and can be immediately arrested for doing so. A violation may SENSITIVE Printed: 08/20/2003 06:43:34 Page 9