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SENSTIEVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 (c) the Agent identifies himself/herself and if the situation permits, makes reasonable inquiries; and (d) the Agent's suspicions have not been dispelled. | (2) |In justifying the decision to conduct a limited search for weapons, Agents may consider such factors as: (a) the type of crime involved; (b) the reputation of the person detained; (c) the time and place of the stop; (d) a sudden movement, and (e) a bulge in the suspect's clothing. *x*EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 4-3.2 |Permissible Scope of a Limited Search for Weapons (1) General Rule: In conducting a limited search for weapons, Agents' actions must not only be justified at their inception but also be reasonable in scope. Generally, a limited search for weapons should begin with a pat-down of the detainee's outer clothing. Further intrusions into areas, such as an unlocked briefcase or a purse, would be reasonable if the Agent was unable to determine from the outside whether there was a weapon within. An exception would be when the Agents have specific information (firsthand information, a reliable tip, etc.) regarding the location of a weapon. In that instance, they may retrieve the weapon directly without first searching the suspect's outer clothing. In other words, the degree of intrusion that is permitted is that which is necessary to protect the Agent against possible harm. (2) Vehicles: When detaining the driver or occupants of a vehicle, if the Agent reasonably suspects that the detainee may be armed, the Agent may conduct a limited search of the interior passenger compartment of the vehicle, including unlocked containers, in order to locate weapons. (3) Packages and Containers: A limited search of unlocked packages and containers in the possession of the suspect is justified if the Agent has reasonable suspicion the suspect is armed, provided the container's design and size permits easy access to a possible weapon. Generally, a limited search for weapons in a container or package should begin with a pat-down of the outer surface. To go beyond merely squeezing or feeling the outside of a container for a weap... and conduct more serious intrusion by SENSEEIVE Printed: 05/05/2004 13:08:54 Page 5