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SENSITIVE Man1-ID; LHBSAP1 LEGAL- HANDBOOK FOR SPECIAL AGENTS PART | a (3) Border searches; (4) Consent searches; (5) Obtaining abandoned materials or those jin possession of persons unknown who cannot be served with a subpoena or presented with a request. *eEFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: |5-13.4| Procedures (See MAOP, Part 2, 2-4.4,5 and 2744.4.17.) | (Formerly 5-12.4)| (1) While search warrants are discouraged, |the guidelines permit their use where less intrusive means of securing the documentary materials are not available, due to such factors as possible destruction of the evidence or a detrimental agtay in an investigation. In those situations, a warrant may be used if the application for the warrant 1s approved by an attorney for the government (i.e., U.S. Attorney, Assistant U.S. Attorney, certain Department of Justice supervisory officials). In an emergency, where it is not possible to contact one of these individuals, jthe SAC, or in his/her absence the ASAC, may authorize application for |the warrant, so long as the U.S. Attorney (or Departmental official) |is notified of the authorization and the justification therefor within |24 hours. (2) A search warrant should not be used where the materials sought are in the possession of a disinterested third party physician, lawyer, or clergyman, and the materials contain confidential information on patients, clients, or parishioners developed in connection with treatment or counseling, oF such materials are likely to be reviewed while executing ondjtions? A warrant 1s permitted, however, under the following conditions: (a) Use of a less intrusive means would jeopardize the availability or usefulness of the materials sought; (b) Access to the materials sppears to be of substantial importance to the investigation; and (c) The application for the warrant ig recommended by the U.S, Attorney (or appropriate Department of Justice official) and authorized by a Deputy Assistant Attorney General. | The request for this authorization should be made in writing and shpuld include the application for the warrant, as well as 3a brief description of the facts and circumstances supporting the use of the search warrant procedure. In an emergency, the authorization may be optaines from the U.S. Attorney (or appropriate Departmental official), 80 long as the Deputy Assistant Attorney General is notified of the authorization and justification within 72 hours. SENSITIVE nn ee | 32 Printed: 08/20/2003 06:43:34 Page ES