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I eae ee fx Beni te eh a SENSITIVE Manl-ID; LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 eee |5-4.10 Receipt (Formerly 5-4.9) | . | A receipt | (FD~597)|is to be prepared and given to the | consenting party for any property seized during a consent search. The receipt is to be in the form of an itemized list, accurately and adequately describing all property taken, prepared in duplicate, one copy for the consenter, the original for the case file. | (See 5-2.2.11.) | **EEEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 5-5 EMERGENCY SEARCHES | (See Appendix, 4-1.) | (1) In general: The law recognizes the authority of Agents to conduct warrantless searches when it 18 not practicable to obtain a warrant. Agents should be prepared to justify their conduct and demonstrate that they stayed within the permissible scope of the exception. (2) Prerequisite: A warrantless search is lawful under the following circumstances: (a) When Agents have reasonable suspicion that there is a threat to life or safety, or (b) When Agents have probable cause to believe that a dangerous individual after whom they are in hot pursuit will escape or that evidence will be destroyed or removed. (3) Scope: Agents are permitted to take reasonable and necessary steps to eliminate the emergency. Once the emergency is eliminated, the justification for acting without a warrant is over. **EfEDte: 10/09/2001 MCRT#: 1159 Div: D9 Cav: SecCls: 5-6 |SEARCH INCIDENTAL TO ARREST (See 3-8 and MIOG, Part 2, 11-1.3 through 11-1.3.2.) (Formerly 5-3) | **kEFEDte: 07/26/1999 MCRT#: 915 Div: DI Cav: SecCls: 5-6.1 Right to Search (Formerly 5-3.1) Few rules are as firmly embedded in search and seizure law as that which permits a search incidental to arrest with or without arrest warrant. The authority to search following a full custody arrest is an exception to the warrant requirement and allows a full and complete search for weapons or implements of escape, and for SENSITIVE Printed: 08/20/2003 06:43:34 Page 21