◆ SpookStack

- Pinta LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 Ww Agents to enter constitutionally protected premises to seize the item(s). The plain view doctrine simply gives Agents the authority to seize an item(s) in plain view when acting consistent with a warrant or an exception. The plain view doctrine will not justify a warrantless entry to a person's premises where the plain sight observation occurs from a place beyond the area protected by the Fourth Amendment (the premises), nor will it permit the seizure of evidence from a place within a premises where the Agent has no right to be, even though the Agent is lawfully on the premises. For example, if during the arrest of a subject in his/her premises, an Agent seizes contraband during a lawful search incident to arrest, the Agent may not expand the scope of the search simply because he or she is lawfully on the premises. | x*EgeDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: “SecCls: |5-2.2.8| Resistance or Interference | (Formerly 5-2.2.9) | Title 18, USC, Section 2231, makes it a felony to assault, resist, oppose, prevent, impede, intimidate or interfere with an Agent attempting to execute a search warrant. Hence, a person may not obstruct the execution of a warrant, and can be immediately arrested for doing so. A violation may be shown even though the person resisting 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 performed 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 warrant is a separate criminal violation (Title 18, USC, Section 2232), as is any forcible attempt to rescue property already seized by the searching Agent (Title 18, USC, Section 2233). *x*EEEDte: 07/26/1999 MCRT#: 915 Div: Dg Cav: SecCls: 5-2.2.9 |Moved to 5-2.2.8| *x*EEEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 5-2.2.10 |Moved to 5-2.2.2| ekEEEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 5-2.2.11 Leaving Warrant and Receipt (See 5-2.2.12 and|5-4.10.) | er 11 Printed: 05/05/2004 13:08:54 Page