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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 visually checking the interior of the container or package, Agents should consider the ease to which the suspect would have access into the container or package. | **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 4-3.3 |Deleted| **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 4-3.4 |Deleted| **EfFDte: 01/30/1997 MCRT#: 583 Div: D9 Cav: SecCls: 4-4 OTHER APPLICATION OF DETENTION AUTHORITY **EfEDte: 10/20/1983 MCRT#: 0 Div: D9 Cav: SecCls: 4-4.1 Material Witnesses |(1)| Title 18, USC, Section 3149, provides that if the testimony of a person is material in any criminal proceeding, and if there is probable cause to believe it would be impracticable to secure the witness' presence by subpoena, a Federal judge or magistrate may detain the witness or impose’ conditions of release (e.g., bail bond). The statute has been interpreted as permitting the courts to issue material witness arrest warrants without first having issued a subpoena, provided probable cause exists that the witness' testimony is material and there is a reasonable belief |he/she|will flee or fail to appear. |(2) | Where an Agent is unable to secure a material witness warrant, yet has reason to believe the witness will leave the scene without identifying|himself/herself, he/she|may detain for only so long as it takes to contact the U.S. Attorney or a Federal judge or magistrate. Authorization for further detention or possible arrest should be obtained only from a judicial officer. **EFEDte: 10/20/1983 MCRT#: 0 Div: D9 Cav: SecCls: 4-4.2 Personal Property (1) Most investigative detentions involve persons suspected of committing crimes. The use of this procedure, however, has also been expanded to include detention of objects where the facts known to the Agent are insufficient to justify probable cause for a SE Printed: 05/05/2004 13:08:54 Page 6