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Legal Handbook for FBI Special Agents — Part 1
Page 54
54 / 138
SENSITIVE
Hanl~ID: LHBSAP1
LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1
Agents who have executed
a search
warrant
are
to give
a
copy of
the warrant
and
attached affidavit,
where
applicable,
to the
individual whose
person, premises,
or property
is searched
whether or
not any
evidence is
seized under
the
warrant.
In
addition,
a receipt
is to
be given
for any
money, documents,
or other
property seized,
whether
under
authority of
the
warrant
or otherwise.
Thus,
items
seized in
plain view
or a weapon
taken for
safety
reasons,
though not
described
in
the
warrant, should
be included
in the
receipt. The
receipt is
to be
in the
form of
an itemized
list of
all property
taken. Agents
should ensure
that the
description of
all items
is
adequate and
accurate. The
receipt should
be prepared
in triplicate.
The original
will accompany
the warrant
upon return
to the
U.S.
magistrate. One
copy is
given to
the person
searched, the
other
retained in
the case
file.
**E££Dte: 07/26/1999
HCRT#: 915
Div: D9
Cav: SecCls
52.2.12 Return
The return
of a
search warrant
is the
report to
the
issuing magistrate
that the
warrant was
executed, and
should be
made
as soon
as practicable
after execution.
A form for return
is provided
on the
reverse side
of Form
A.0. 93
Search Harrant!.
A written
inventory of
property taken
pursuant to
the warrant
must accompany
the
warrant upon
return. The
inventory consists
of an
itemized list
of
things seized,
and is
to be made by the Agent who applied
for the
warrant, or inlhis/her|absence, another Agent
conducting
the search.
The inventory
should be
prepared in
the presence
of the
person from
whom the property was taken, or in|his/her|absence, another credible
person. A
copy of
the receipt
for property
taken, furnished
the
person searched see Section 52.2.l1, above!,
may be used as the
written inventory
by attaching
a copy
to the warrant at
the time
of
return and
so noting
in the
inventory section
of Form A.0. 93.
**E£fDte: 08/25/1980
HCRT#: 0
Div: D9
Cav: SecCls:
5-2.2.13 Securing
the Premises
Upon conclusion of a search made under warrant,
it is
the
responsibility of
the searching
Agents to
make certain
the place
searched has
been secured.
In
the
absence of
a resident,
they are
to
take whatever
steps
are
necessary to
render the
premises inaccessible
to neighbors,
vandals, etc.
Where a
door
has
been broken
upon entry
it should
be repaired,
replaced or
boarded up before Agents
depart.
If a
third party,
such as a carpenter,
is required
to secure
the
premises, an
Agent should
remain until
such work is completed.
Premises disrupted
by a search should be restored to its
condition
prior to
search insofar
as possible.
Where it
is anticipated
that
SENSITIVE
Printed: O8/20/2003
06:43:34 Page
12
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