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_SENSTTEVE_ Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 1. Property that constitutes evidence of the commission of a criminal offense; or 2. Property that is contraband, the fruits of crime, or things otherwise criminally possessed; or 3. Property designed or intended for use or which is or has been used as the means of committing a criminal offense; or 4. Persons for whose arrest there is probable cause or who are unlawfully restrained. (b) Where property to be seized constitutes "mere evidence," a connection must be shown between the items sought and the criminal behavior. Broadening the grounds for which a search warrant will issue to include evidence does not relax the prohibition against general exploratory searches. The standard of particularity remains intact. Probable cause is examined in terms of reason to believe that a specific item of evidence sought will aid in a particular apprehension or conviction. | **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: |5-2.1.1 Acquisition of Warrant ~ Particularity Requirement In addition to the statutory requirements, a warrant must also comply with the Fourth Amendment particularity requirement. (1) Description of Place to be Searched: The Fourth Amendment requires that the place to be searched be described with particularity. The general rule is that the description should be of sufficient particularity so that if an Agent with no knowledge of the case were assigned to execute the search warrant, he/she would have no difficulty in identifying and locating the person, place, or thing to be searched. (a) Dwelling - The complete address and a brief description of its outer appearance should be included. A phrase which makes clear the search is to encompass the entire structure should be included, and where appropriate, a description of surrounding grounds and other related buildings and improvements, such as storage sheds and detached garages. For example, the description might be as follows: "The premises at 1418 Cedar Drive, Dumfries, Virginia; further described as a single-story dwelling house, Georgian brick exterior, white shutters, and a grey roof, and all rooms, attic, basement, and other parts therein, and the Printed: 05/05/2004 13:08:54 Page 4