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SENSITIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 X*EFEDte: 07/26/1999 MCRT#: 915 Dav: D9 Cav: SecCls: 5-8 | INVENTORY SEARCHES In certain situations, Agents may have reason to seize personal property but have no investigatory reason for searching the property. As part of an administrative caretaking function, Agents seizing such property must be concerned about its custody, storage and inventorying the contents of the property. The inventory is a search made reasonable by the lawful possession of the property and adherence to the FBI's policy on conducting inventory searches. This caretaking function is based on the need to protect the property owner's interests while the property 1s in the custody of the FBI, to protect the FBI and its employees against claims or disputes over lost, stolen or vandalized property and to protect employees from potential danger. An inventory search may not be a ruse for a search for evidence of criminal activity. | XKEFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: |5-8.1 Scope of the Inventory Search (Formerly 5-7.2) Upon seizing personal property, a prompt thorough search of the contents of the property, whether locked or unlocked, including any containers located therein whether locked or unlocked, should be conducted and an FD-302 prepared showing the results of the inventory. The FD-302 should include, but not be limited to, a description of the property and a description of the valuables secured for safekeeping. In order to facilitate the preparation of the FD-302, form FD-653 (Motor Vehicle Inspection Inventory Record) may be used in connection with seizure of motor vehicles. The FD-302 may simply refer to the FD-653 and be attached thereto. Where practicable, the inventory should be conducted by two persons. Nonevidentiary items of significant value should be removed for safekeeping and afforded adequate security. Contraband or evidence found should be immediately seized and preserved in accordance with existing procedures governing the seizure of physical evidence. A receipt should be given for all items retrieved during the search. (See 5~8.2 below and MIOG, Part 1, Sections 26-2.5, 26-2.7, and 149-3, and MAOP, Part 2, Section 2, re evidence retention.) | **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: |5-8.2 Impoundment Inventories (Formerly 5-7.2) Vehicles are often seized with no investigatory reason for searching the vehicle and its contents. In such situations, Agents SENSITIVE Printed: 08/20/2003 06:43:34 Page 25