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SENSTTEVE_ Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 be shown even though the person does not use force or violence. As a general rule, Agents should exercise this authority with restraint. Offensive or abusive language should not be interpreted as resistance or opposition. Agents who arrest under this statute should be prepared to prove some overt act was preformed in an effort to defeat the purpose of the warrant. Threats with a weapon or acts denying access of an Agent to a place to be searched are examples of such overt acts. Destruction or removal of evidence sought under the warrant is a separate criminal violation (Title 18, USC, Section 2232) as is any forcible attempt to rescue property already seized by the searching Agents (Title 18, USC, Section 2233).| **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 5-2.2.6 |Scope of Search (Formerly 5-2.2.5 and 5-2.2.7) Once entry is lawfully gained and the premises secured, the search may extend to all places within the premises where the evidence or person sought could logically be concealed. Such places may include personal property found on the premises described, such as duffel bags, suitcases, and automobiles. The scope of the search, therefore, is directly related to and is controlled by the objective of the search. Agents are under no obligation to begin or end the search at any particular place within the premises. The search warrant does not permit searches of persons found within the premises for evidence unless such persons are particularly described in the warrant or an exception to the warrant requirement exists. The search warrant is not a license to destroy property or harass individuals. It does allow, under limited circumstances, highly intrusive searches which will disrupt or damage property if it is reasonable to believe that the items listed in the warrant are located there. Thus, it may be reasonable, for example, to pull up a floor, tear down a wall or dig up a garden. If it is anticipated that the search will include such action, Agents should consider including this in the warrant affidavit. **kEFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 5-2.2.7 |Plain View Doctrine (Formerly 5-2.2.8) Where Agents are lawfully present, such as during the execution of a search warrant or when acting consistent with one of the recognized exceptions to the warrant requirement, and they observe an items(s) which they have probable cause to believe is evidence or contraband, they may lawfully seize that item(s). To validate a plain view seizure, the Agent must therefore be in a lawful position to observe the item(s) and it must be immediately apparent to the Agent that the item(s) are evidence or contraband. The plain view doctrine is not an exception to the warrant requirement and does not authorize Printed: 05/05/2004 13:08:54 Page 10