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SENSITIVE Hanl"ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 arrestee, such as an unlocked desk drawer or unlocked suitcase may be searched. However, absent an emergency, inaccessible or locked items of personal property may not be searched. If there is probable cause to believe they contain evidence, they may be seized, and a search warrant should thereafter be obtained prior to opening. 92 b! Vehicles: Following a lawful custodial arrest of the driver or occupant of a vehicle, the interior passenger compartment of the vehicle may be searched, as long as the arrest occurs within or in close proximity to the vehicle and the search occurs substantially contemporaneous to the arrest. The purposes of this search would be to locate weapons, means of escape, and evidence of any criminal activity that could be destroyed and thus, the scope would include unlocked and or otherwise accessible containers such as glove compartments, luggage, bags, clothing, etc. See 5-7.! c! Protective Sweep: Following a lawful arrest within premises, Agents may properly conduct a protective sweep of the areas immediately adjacent to the site of the arrest for the purpose of locating persons that may pose a threat of safety to the Agents or others. In addition, a protective sweep in other areas, beyond those immediately adjacent to the site of the arrest, may be conducted if the Agents possess a reasonable suspicion based on specific and articulable facts that the area to be swept harbors an individual posing a danger to those on the arrest scene. Reasonable suspicion must be based on facts known to the Agents such as noises in an attic or the at-large status of a dangerous associate. A protective sweep must be limited to a brief inspection of only those areas within the premises which could conceal a person capable of interfering with the arrest. If an Agent, while conducting the protective sweep, observes evidence in plain view, it may be seized under that doctrine. ! Timing: The search of a person incidental to arrest generally should be made at the time and place of arrest by Agents imposing custody. A further more thorough search of a prisoner at the FBI office or some other place to which the arrestee is transported is justified as incidental to arrest. A search of the area immediately surrounding the arrestee should be conducted at the time of or shortly after the arrest, while the person taken into custody is still present. In addition, Agents may automatically make a protective sweep of the areas immediately adjoining the site of the arrest to locate persons and may conduct a protective sweep of other areas based on a reasonable suspicion that the other areas harbor a person that may pose a danger to the Agents or others.[ **Ef£Dte: 07/26/1999 HCRT#: 915 Div: D9 Cav: SecCls: I5-6.4 Inventory of Personal Property Formerly 5-3.8! Items of personal property removed from a person who has been arrested and is to be incarcerated should be carefully SENSITIVE Printed: 08/20/2003 06:43:34 Page 23 lllwf