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H s . ,.,....~ ._ ... _.. .._. .. SENSITIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 hardware. Each component of a computer system should be given independent consideration. When preparing a warrant, only those components for which there is an articulable independent basis to be searched or seized should be listed. For additional guidance regarding the search and seizure of computers, see "Federal Guidelines For Searching and Seizing Computers," 56 CRIMINAL LAN REPORTER, Page 2023
994!. Chief Division Counsel. **EffDte: 10/09/2001 HCRT#: 5-3 **EffDte: 5'3.1 **E£fDte: 5-3.2 **EffDte: 5-3.3 **EffDte: 5-30 IINTRODUCTION: REQUIREMENT A warrantless search is presumptively unreasonable. However, there are recognized exceptions to the warrant requirement. While these exceptions authorize Agents to conduct a search consistent with the permissible scope of the exception, due to the preference for a warrant, Bureau policy requires Agents to obtain search warrants when time permits. When conducting a warrantless search, Agents are reminded that the burden is on the government to demonstrate that the exception applied and that the government stayed within the permissible scope of the exception. The exceptions include the following: Consent Emergency Searches Search Incidental to Arrest The Motor Vehicle Exception Inventory] 07/26/1999 HCRT#: 915 Div: D9 Cav: [Moved to s-6.1| 07/26/1999 MCRT#: 915 Div: D9 Cav: Ihoved to 5-6.2| 07/26/1999 MCRT#: 915 Div: D9 Cav: |De1eted| 07/26/1999 HCRT#: 915 Div: D9 Cav: |Revised and Hoved to 5-6.3| EXCEPTIONS T0 THE SEARCH WARRANT Questions should also be directed to the 1159 Div: D9 Cav: SecC1s: SecC1s: I SecC1s: I SecC1s: I SecC1s: I SENSITIVE Printed: 08/20/2003 06:43:34 Page 16 and . . ._- __ ...__ .___ __ __ ,___ , ,,_7____n'||||>-~-