◆ SpookStack

“SENSEPIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 a Although an investigative detention represents a substantial denial of one's freedom of movement, it should not approach the same degree of full custody exercised when an individual is placed under arrest. One of the principal factors considered in deciding whether an arrest rather than a stop has in fact occurred is the detention site. Most detentions occur on the street and involve the stopping of a pedestrian or a motorist. Such detentions are constitutionally permissible provided the degree of force and length of detention are reasonable under the circumstances. Likewise, detention in private places when the Agent is lawfully present will create no problem provided the Fourth Amendment reasonableness standard is met. Problems arise when the initial detention site is changed without justification. It should be remembered that any exercise of detention authority should be accomplished with a minimum of intrusion. Thus, moving a detained person should be avoided unless there is good reason for doing so. The creation of a traffic hazard or potential for hostile crowd reaction are justifiable reasons for taking the person detained to another locale. Moving a suspect a short distance to afford better lighting, or to allow the Agent to use his/her car radio are also permissible; however, transporting a suspect against his/her will to a field office and detaining him/her there is a more serious intrusion. The inherent coercion present in transporting and detaining a suspect in such an environment makes this practice tantamount to arrest. Such a procedure can be used only when it can be clearly shown that the suspect voluntarily accompanied the Agents or that probable cause to arrest existed. As a general rule, Agents have the authority to detain anyone present at a location, be it a private residence or business establishment open to the public. The primary purpose for this detention is to ensure the Agents' safety during the execution of the warrant. A second reason is to ensure the presence of the occupants to whom possession of evidence or contraband found during the search may be attributed. xkEFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 4-2.5 Use of Force (See 3-6.4 and MIOG, Part 2, 12-2.1, |12-10.4.1 (2),|and MAOP, Part 1, 1-4 (4).) (1) In order to effect a stop and enforce a period of brief detention, an Agent may employ that degree of reasonable force found necessary under the circumstances, short of deadly force. Use of deadly force is not permitted to enforce a temporary detention. However, this does not mean an Agent cannot defend himself/herself when, in the course of attempting to make a stop, the Agent or another person is placed in imminent danger of death or serious bodily harm, and deadly force is thus consistent with the FBI's deadly force policy. (2) Reasenable force during the temporary detention may Printed: 05/05/2004 13:08:54 Page 3