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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 SECTION 4. INVESTIGATIVE DETENTION *x*EFEDte: 04/28/1978 MCRT#: 0 Div: D9 Cav: SecCls: 4-1 IN GENERAL | (1) | Investigative detentions (stops) and protective searches (frisks) represent two separate and distinct procedures available to Agents when investigating suspicious circumstances (e.g., possible bank robbery suspect) or detaining for identification purposes (e.g., fugitive apprehension). Each procedure must have its own independent justification based on facts known to the Agents. The investigative detention is a seizure and the protective frisk is a search. Thus, each must meet the constitutional standard of reasonableness set forth in the Fourth Amendment. These procedures cannot be used on mere suspicion or possible hunch but must be justified by articulable facts supporting a reasonable suspicion that a person is involved in criminal activity and may be armed and pose a threat to the Agent or other individuals. | (2) A seizure takes place only when an Agent, by means of physical force or show of authority, restrains a citizen's liberty. This rule is based on objective characteristics as to whether a reasonable person would believe someone talking to an Agent is free to walk away. Circumstances to consider include the threatening presence of several Agents, the display of a weapon, some physical touching, or the use of language or tone of voice suggesting a command rather than a voluntary request. Questions related to one's identity or a request for identification do not, by themselves, constitute a seizure. This activity is an Agent-citizen contact, implicitly consensual, even when the citizen is not told he or she is free to leave. Identification interviews do not require reasonable suspicion and can be a useful means to identify people present at a location where Agents are executing a warrant. These interviews should be momentary and cease as soon as reasonable identification is ascertained. | *x*EFEDte: 05/01/1985 MCRT#: 0 Div: D9 Cav: ' SecCls: 4-2 DETENTION x*pEEFEDte: 05/01/1985 MCRT#: 0 Div: D9 Cav: SecCls: 4-2.1 Justification The legality of a full custody arrest depends upon whether the arresting Agent has facts sufficient to constitute probable cause; ny Printed: 05/05/2004 13:08:54 Page 1