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SENSITIVE Mani-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 exercise a lawful right to remain may require the Agents to remain inside the premises while the search warrant is obtained. In such a case, the Agents may control the movements of persons found inside the premises consistent with the need for the Agents' continued presence. Agents must, however, exercise reasonableness in their efforts to control those present and attempt to minimize the intrusion. Such restrictions on the movement of persons inside the premises are consistent with instructions contained in Sections 4-2.4 and 5-2.2.5. (4) Regardless of which method Agents use to secure premises pending issuance of a search warrant, the efforts to obtain the warrant must begin promptly. An unjustified prolonged "freeze" of premises might lead a court to find the seizure of the premises to be unreasonable. (5) Additionally, if entry is made based on an Agent's reasonable|suspicion| that entry is necessary to prevent harm to Agents or|on probable cause that evidence will be destroyed|and items of evidence or contraband are seen in plain view, Agents should refrain from seizing those items immediately, except where immediate seizure is the only method reasonably available to prevent harm or destruction. Rather, when possible, the items observed in plain view should not be seized until the search warrant is obtained and executed. Certainly, if dangerous instrumentalities are observed, e.g., weapons, explosives, etc., they should be seized or otherwise secured immediately if such action is necessary to assure the safety of the Agents|or|others. | (6) |Deleted| | **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 5-2.2.19 Searching and Seizing Computers (See MIOG, Part 2, [10-18.3.) | There is no legal difference in the search and seizure of computers and other document searches. Fourth Amendment principles apply to computer searches as well as to traditional searches. Thus, there is a strong preference for obtaining warrants in order to avoid the judicial scrutiny that will necessarily take place as a result of awarrantless search. However, the key to conducting a search or seizure of a computer is planning. Before preparing a warrant to seize all or part of a computer system and the information it contains, it is critical to determine the computer's role in the offense. The computer may be a tool of the offense (i.e., used to commit the offense) or it may be incidental to the offense, but a repository of evidence. In some cases, the computer may serve both functions at once. Another concern in preparing a search warrant is determining what should actually be searched and/or seized. Probable cause to seize a computer may not necessarily mean there is probable cause to seize the entire computer system and all of the attached SENSITIVE Printed: 08/20/2003 06:43:34 Page 15