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SENSITIVE Man1-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PAR WE dh 11 ee | VE AL A OH (2) When electronically recording confess interviews, Agents are required to comply with MIOG, P 10-10 (Consensual Monitoring) and Sections 10-9.8, 10- 10-9.8.2 regarding preservation of original tape recor of custody. (3) When electronically recording confess custodial subjects, the following guidelines should be (a) Confessions made during custodia may be recorded electronically when such recording 1s SAC, or his or her designee. If approved by the SAC, designee, the confession may be recorded in summary fo (b) When recording a confession, the should include an advice and waiver of Miranda rights, question and answer segment designed to demonstrate th statements are voluntary and not the product of coerci (c) The subject may provide a comple his or her own words. Alternatively, the FBI may obta using a question and answer format (1£ necessary, cond translator). (d) Statements may be recorded surre approved by the SAC, or his or her designee. (See MIO Section 10-10.10.) If a subject is aware of and objec an electronic recorder, the recorder should be turned subject's objection should be made part of the interro FD-302. Before approving the surreptitious recording statements, SACs are urged to obtain the concurrence o appropriate OGC attorney. In accordance with the Atto procedures for consensual monitoring, concurrence of t Attorney's office responsible for the investigation mu obtained. (e) If the interviewing Agent electr the whole custodial interrogation session, he or she m that a subsequent signed statement is not required. ( (f) Discussions that may transpire b anterviewee and his or her attorney should not be reco (g) The recordings must not be edite and the original tapes must be sealed in an FD-504a or of Custody - ELSUR Evidence Envelope) and stored in su to ensure the chain of custody. | **EfEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: 7-8.1 |Deleted| SENSITIVE Printed: 08/20/2003 06:43:34 Page 10 Jons or witness drt 2, Section 9.8.1, and dings and chain dons of observed: interrogation Pproved by the r his or her m. recording as well as a t the subject's n. e confession in n a confession cted through a titiously if » Part 2, ts to the use of off and the ation log and e the the CDC or the ied General eu.s. t also be onically records y determine ee 7-12.1.) tween the ded, qd or altered, FD-504b (Chain ¢h a manner as SecCis: