◆ SpookStack

SENSTTEVE_ Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 service should not be disturbed by a reviewing court. Whether good cause exists will depend on the facts of each case. Language in the affidavit can strengthen the showing of good cause. For example, the affidavit could specify that the stolen property will be removed between the hours of 10:00 p.m. and 6:00 a.m. and not merely "in the nighttime."| **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 5-2.2.2 |Manner of Entry (See 5-6.2 and MIOG, Part 2, 11-2.1.5.) Title 18, USC, Section 3109, requires Agents to "knock and announce" their identity, authority and purpose and demand to enter before entry is made to execute a search warrant. This is also considered part of the "reasonableness" requirement of the Fourth Amendment for searches. The announcement need only be given by one Agent and need not be lengthy or elaborate but should be conveyed ina manner that the person behind the door knows what is taking place. A loud announcement is essential; where communication is anticipated to be difficult, electronic devices designed to amplify the voice should be used. The following statement should suffice: "F-B-I - we have a warrant to search your residence — open the door." (The same rules apply with respect to entries into premises to make an arrest. See Section 3-7.) The “knock and announce’ requirement need not be complied with where the Agent executing the warrant has a reasonable suspicion of any one or more of the following: (1) to "knock and announce" would cause the Agent and/or another to be placed in imminent peril of bodily harm; (2) to "knock and announce" would be a useless or futile gesture as the persons within the premises already know of the Agent's identity, authority, and purpose; (3) to "knock and announce" would cause the evidence sought under the warrant to be destroyed or removed; or (4) to “knock and announce” would permit the escape of a person the Agent seeks to arrest. Use of fraud, deceit, or misrepresentation to obtain entry into constitutionally protected premises does not violate Title 18, USC, Section 3109 inasmuch as entry is made without the use of force. Nevertheless, such a practice is generally unnecessary and should be avoided unless extraordinary circumstances are present. The use of trickery or deception by an Agent to get an outside door open, before announcement of the Agent's identity, authority, and purpose, is permissible. | **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: Printed: 05/05/2004 13:08:54 Page 8