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SENSITIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 i evidence of criminal activity or contraband. The purpose of the search is to protect the arresting Agent, prevent escape, and preserve any evidence in possession of the arrestee. The right to search flows from the fact of arrest. The nature of the crime, whether felony or misdemeanor, violent or nonviolent, has no bearing on the right to search. The imposition of physical custody is the key to any such search. Any search incidental to arrest |should|be tiade by two or more Agents. *kEfEDte: 10/09/2001 MCRT#: 1159 Div: D9 Cav: SecCls: |5-6.2 Prerequisite: Lawful Arrest (Formerly 5-3.2) (1) For a search incident to arrest to be lawful the arrest itself must be lawful. The existence of probable cause will suffice to establish a lawful arrest. The best assurance ‘that the arrest and incidental search will survive attack by the defense is to obtain an arrest warrant before imposing custody. As discussed below, entry into premises to arrest may also affect the validity of search incident to arrest. (2) Entry into Suspect's Premises: In addition to probable cause, Agents must also ensure that any entry into premises is lawful. In the case of entering the defendant's premises to arrest, Agents must have consent to enter, or an emergency ("hot pursuit") must exist, or an arrest warrant must be outstanding and the Agents have probable cause to believe that the defendant is within the premises. Agents are also reminded that prior to making entry to arrest into the subject's premises, Agents are to comply with the requirements set forth in section 5-2.2.2, entitled "Manner of Entry," in order to ensure that the arrest is lawful. | **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: |5-6.3 Scope and Timing Requirement (Formerly 5-3.4, 5-3.7, and 5-3.9) (1) Scope of Search (a) Person of arrestee and area within the arrestee's immediate control: following a lawful arrest an Agent is entitled in all cases to search the person of the arrestee and the area within the arrestee's :mmediate control at the time of arrest for weapons, means of escape and evidence of any criminal activity. The search may include any portable personal property in the arrestee's actual possession, such as clothing, purses, briefcases, grocery bags, etc. The area within the arrestee's immediate control is any place from which the person arrested may seize a weapon or destructible evidence. Items of personal property which are accessible to the SENSITIVE Printed: 08/20/2003 06:43:34 Page 22