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_SENSTTEVE_ Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 privacy may be terminated by: (a) lawful government action frustrating the expectation of privacy, such as U.S. Customs or Postal authorities opening packages in compliance with the laws governing their actions; (b) private party actions that frustrate the expectation of privacy by revealing the contents of a package or area; or (c) an individual taking steps to voluntarily relinquish the expectation of privacy, such as abandoning property or setting trash at the edge of the curtilage or beyond for collection. (6) When there is doubt regarding the existence of a reasonable expectation of privacy, it should be assumed that such an expectation exists and Agents' actions should comply with the Fourth Amendment requirements. **EFEDte: 12/28/2001 MCRT#: 1164 Div: D9 Cav: SecCls: 5-2 SEARCH UNDER SEARCH WARRANT **EEEDte: 05/30/1991 MCRT#: 0 Div: D9 Cav: SecCls: 5-2.1 |Acquisition of Warrant: Rule 41 of the FED.R.CRIM.P. and Policy (See MIOG, Part 2, 10-18.3.) | (1) Since the authority of a warrant is the best assurance that a search will be deemed reasonable by the courts, it is the policy of the FBI to obtain a search warrant before conducting a search for evidence, or in some circumstances, for a person. See Section 3-7. The policy is subject to the following exceptions: (a) Search incidental to arrest; (b) Search by consent; (c) A search under emergency or exigent circumstances} (d) A search under the vehicle exception; (e) An inventory. (2) |Definition of Affidavit and Search Warrant Upon Oral Testimony: Rule 41, FED.R.CRIM.P., provides that a search warrant shall issue only on an affidavit sworn before a federal magistrate or state judge and establishing the grounds for issuing the warrant. If circumstances make it reasonable to dispense with a written affidavit, S Printed: 05/05/2004 13:08:54 Page 2