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Manl-ID: LHBSAXO LEGAL HANDBOOK FOR SPECIAL AGENTS APPENDIX eee —\ unreasonable for a substitute Agent, who is located near the magistrate, to present a written affidavit in person to the magistrate in lieu of proceeding telephonically; (d) The need for a search warrant is such that without the telephonic procedure, a search warrant could not be obtained and there would be a significant risk that evidence would be destroyed or that a fugitive would escape. (5) The duplicate original warrant must be read verbatim to the magistrate. The magistrate may direct that modifications be made to it. Where circumstances have allowed for the preparation of a written statement of probable cause, it should be read to the magistrate. The magistrate may ask questions and solicit additional information necessary for a finding of probable cause. (6) Probable cause for the search must be established. (7) The magistrate will order issuance of the warrant directing the affiant to sign the magistrate's name on the duplicate original warrant. The duplicate original warrant may then be executed. —\ (8) The magistrate is required to prepare an original warrant and to enter on the face of the warrant the exact time when _ the warrant was ordered issued. The person who executes the duplicate original warrant is required to enter on the face of the duplicate original warrant the exact time that it is executed. In view of this, the person who will execute the warrant and the magistrate should synchronize their watches. (9) The magistrate may direct the Agent or USA to prepare a transcript of the telephone conversation where it has been recorded by means of a voice recording device. Where the Agent is directed to do this, the transcript should be promptly prepared and furnished to the magistrate. The magistrate may also wish to have the Agent sign and swear to the veracity of the transcribed conversation. **EfEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: % te dere sede de deve de deck dese de de dee de de de dese de de de ok de de dese ce de se ke ake ke END OF REPORT tedede de de dete deve de de de dese te de dese deve te te de de de te ve de de Printed: 05/05/2004 13:08:54 Page 2