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Legal Handbook for FBI Special Agents — Part 2
Page 39
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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1
seizure.
(1) Territorial Immunity — Territorial immunity applies
to all embassies, legations, and consulates, and consequently, no
Agent of the Bureau should attempt to enter any embassy, legation, or
consulate for the purpose of making any arrest, search, or seizure.
This territorial immunity extends to both the offices and residences
of ambassadors and ministers, but only to the office of a consul and
not to official's residence.
(2) Personal Immunity — Personal immunity applies to
ambassadors and ministers, members of their staffs and domestic
servants, and the immediate family members of diplomatic officers. It
similarly applies to the immediate family members of the
administrative and technical staff of a diplomatic mission.
Consequently, no Agent should attempt to cause the arrest or detention
of any person included in these classifications. The personal
immunity applies to the staffs, domestic servants and immediate family
members, irrespective of their citizenship. It will be noted that
personal immunity is not granted ordinarily to consuls from arrest on
misdemeanor charges. In the event the arrest of a consul is
contemplated, FBIHQ should be immediately notified by telephone or
|electronic communication|before any action is taken in order that an
appropriate check may be made with the State Department to determine
whether the consul involved has any special immunity.
*x*BEEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
3-13 NEWS MEDIA MEMBERS (See MAOP, Part II, 5-7.1 and MIOG,
Part II, 7-3.)
Prior authority of the Attorney General is required before
an Agent may seek an arrest warrant for a member of the news media who
is suspected of an offense committed in the course of, or arising out
of, the coverage or investigation of a news story, or while engaged in
the performance of official duties as a member of the news media. In
emergency circumstances, a news media representative may be arrested
without prior authority but subsequent justification must be furnished
to the Attorney General and the Department of Justice, Director of
Public Information. Requests for authority of the Attorney General to
seek an arrest warrant for a news media representative are to be
handled by the USA.
x*peEeDte: 05/28/1980 MCRT#: 0 Div: D9 Cav: SecCls:
3-14 ARMED FORCES PERSONNEL
The Uniform Code of Military Justice authorizes any
commanding officer exercising general court-martial jurisdiction to
SENSITIVE
Printed: 05/05/2004 13:08:54 Page 13
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