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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 information. For example, Agents may receive reliable information that an individual is engaged in illegal distribution of cocaine. Although the information makes no reference to other items of evidentiary value, the Agents may logically infer that one who engages in that kind of criminal activity will also possess related items such as packaging materials, large amounts of cash, records that would identify names of sources and customers, etc. Such inferences can be included in the probable cause statement to support the issuance of a search warrant for all of the relevant items named. | **EFFDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 1-5 | COMMUNICATING THE FACTS| **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 1-5.1 |General If Agents apply for a warrant to arrest or to search, they must communicate the underlying facts to support the issuance of the warrant (probable cause) to a magistrate judge who has the authority to issue the warrant. If Agents make warrantless arrests or conduct warrantless searches requiring probable cause, the obligation to communicate the probable cause underlying the action will arise thereafter. For example, following a warrantless arrest, Rule 5 of the Federal Rules of Criminal Procedure (FED.R.CRIM.P.) requires that the arrestee be taken to the nearest available magistrate judge without unnecessary delay, and that a Complaint be filed. A Complaint is defined as "a written statement of the essential facts constituting the offense charged." If Agents conduct a warrantless search where probable cause is the legal prerequisite-- e.g., the Vehicle Exception--it is most likely that their assessment of probable cause will be subsequently challenged by the defendant during a suppression hearing. The important point is that whether obtaining warrants, or justifying warrantless actions requiring probable cause, Agents must be prepared to communicate the facts supporting their determination that probable cause existed to support the action taken. | **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 1-5.2 |Constitutional Requirements for Issuance of Warrants The Fourth Amendment explicitly mandates that "no Warrants shall issue, but upon probable cause, supported by Oath or Printed: 05/05/2004 13:08:54 Page 4