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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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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 ee search warrant, yet support a reasonable suspicion that the object contains contraband or other evidence of criminal activity. In such a situation, the Agent may detain a package, box, trunk, or suitcase temporarily while attempting to secure additional facts justifying a search warrant. (2) | An Agent may detain property for a reasonable period of time or until his or her suspicions are dispelled, whichever comes first. During this time, the privacy of the package and its contents must not be disturbed. As with the detention of a person, the reasonableness of the length of detention is a flexible concept. The reasonableness of the length of the detention of the personal property depends on the nature of the property, the container in which it is located, the person from whom it was taken, and the circumstances of the detention. Since a person relinquishes any possessory interest in personal property given over to a third party, an extended detention of such property when reasonable suspicion exists that it contains evidence or contraband, even one lasting several hours, may be reasonable. For example, a package deposited for shipment by postal authorities may be detained for several hours. On the other hand, where the property is seized directly from the possessor, such as where a suitcase is taken from an airline passenger, and the detention interferes with the possessor's freedom to proceed on his/her journey as well as the possessory interest in the property, the duration of the detention must be brief. | (3) |Deleted| **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: Sasser Printed: 05/05/2004 13:08:54 Page 7
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