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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 the accused is advised of and waives his/her Miranda rights before proceeding with the interview. Additionally, it should be recognized that not every statement by an accused will be viewed as initiating a second interview. In order to be viewed as initiating a second interview, a statement by an accused should either be a direct request for such or the words must be capable of reasonable interpretation that he/she desires to be interviewed. Where the words are ambiguous, they should be clarified by the Agents asking if he/she now wants to be interviewed. The words and responses, if any, to such clarifying questions should be made a matter of record. Requests for information or creature comforts and general conversation by an accused should not be viewed as directly indicative of a desire to be interviewed and should not, by themselves, be used to predicate a second interview. (See (6).) (6) Assertion of Rights Before Officers of Another Jurisdiction — Where an accused is in the custody of officers of another jurisdiction and Agents desire to interrogate the accused, Agents must inquire of such officers whether the accused has asserted his or her right to remain silent and/or the right to counsel. If so, Agents must treat that invocation of rights as if it had been made directly to them, and a second interview will only be allowed where the rules set forth in Section 7-4.1 (4) and (5), supra, are followed. The same procedure applies where Agents seek to question an accused in custody who has been previously the target of an interrogation effort by other Agents. (7) Request for Legal Representation at a Court Proceeding - If an accused, during the course of an initial appearance or other court proceeding, requests to be represented by legal counsel or accepts the court appointment of counsel, no interview of the accused may take place concerning the charge(s) for which the accused has appeared in court unless: (a) the accused's counsel is present; or (b) the accused initiates the contact with the Agents and is expressly advised that he/she has the right to be represented by separate counsel; or (c) contact is necessary to acquire information critical to life and the presence of counsel will delay or impede the receipt of the needed information; or (d) the contact has been approved by the United States Attorney's Office or other Department of Justice official based on extenuating circumstances such as defense counsel's involvement in the criminal offense or other serious conflicts of interest. An accused who has requested legal representation in a court hearing may, however, be interviewed concerning other uncharged offenses. If the accused is in custody, the interview concerning the uncharged offenses must by preceded by a warning S a Printed: 05/05/2004 13:08:54 Page 7