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Legal Handbook for FBI Special Agents — Part 2

147 pages · May 10, 2026 · Document date: Apr 28, 1978 · Broad topic: General · Topic: Legal Handbook for FBI Special Agents · 147 pages OCR'd
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S Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 include, for example, the displaying of a weapon by the Agent under circumstances justifying a reasonable suspicion on the Agent's part that his/her life may be in danger. Thus, an Agent would be justified in drawing his/her weapon when detaining a bank robbery suspect when the Agent has a reasonable suspicion that the suspect is currently armed. (3) Handcuffs should not be used as a normal procedure in maintaining a temporary detention; however, such restraints are reasonable under special circumstances and will not automatically convert the detention into an arrest. For example, attempts by a suspect to turn and flee or a suspect's refusal to comply with commands to keep his/her hands in view of the Agent might justify the use of handcuffs during the detention period. **EfEDte: 05/06/2002 MCRT#: 1192 Div: D9 Cav: SecCls: 4-2.6 Interrogation and Advice of Rights As a general rule, a stop and detention is not such a significant deprivation of freedom as to constitute custody, as that term is commonly understood. Persons temporarily detained for brief questioning by Agents who lack probable cause to make an arrest need not be warned of their rights against compulsory self-incrimination and to counsel until such time as the point of arrest has been reached or the questioning has ceased to be brief and casual and becomes sustained and coercive. **EFEDte: 05/28/1980 MCRT#: O Div: D9 Cav: SecCls: 4-2.7 |Deleted| **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 4-3 |LIMITED SEARCH FOR WEAPONS| **EFFDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 4-3.1 |Authority to Conduct a Limited Search for Weapons | (1) |A limited search is permitted for weapons only, provided the following factors are present: (a) there has been a lawful investigative stop; (b) there is reasonable suspicion that the person detained may be armed; S VE Printed: 05/05/2004 13:08:54 Page 4
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