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Legal Handbook for FBI Special Agents — Part 2
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Ss
Mani-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1
Agents who have executed a search warrant are to give a
copy of the warrant and attached affidavit, where applicable, to the
individual whose person, premises, or property is searched whether or
not any evidence is seized under the warrant. In addition, a receipt
is to be given for any money, documents, or other property seized,
whether under authority of the warrant or otherwise. Thus, items
seized in plain view or a weapon taken for safety reasons, though not
described in the warrant, should be included in the receipt. The
receipt is to be in the form of an itemized list of all property
taken. Agents should ensure that the description of all items is
adequate and accurate. The receipt should be prepared in triplicate.
The original will accompany the warrant upon return to the U.S.
magistrate. One copy is given to the person searched, the other
retained in the case file.
**EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
5-2.2.12 Return
The return of a search warrant is the report to the
issuing magistrate that the warrant was executed, and should be made
as soon as practicable after execution. A form for return is provided
on the reverse side of Form A.O. 93 (Search Warrant). A written
inventory of property taken pursuant to the warrant must accompany the
warrant upon return. The inventory consists of an itemized list of
things seized, and is to be made by the Agent who applied for the
warrant, or in|his/her|absence, another Agent conducting the search.
The inventory should be prepared in the presence of the person from
whom the property was taken, or in|his/her|absence, another credible
person. A copy of the receipt for property taken, furnished the
person searched (see Section 5-2.2.11, above), may be used as the
written inventory by attaching a copy to the warrant at the time of
return and so noting in the inventory section of Form A.0. 93.
**EFEDte: 08/25/1980 MCRT#: O Div: D9 Cav: SecCls:
5-2.2.13 Securing the Premises
Upon conclusion of a search made under warrant, it is the
responsibility of the searching Agents to make certain the place
searched has been secured. In the absence of a resident, they are to
take whatever steps are necessary to render the premises inaccessible
to neighbors, vandals, etc. Where a door has been broken upon entry
it should be repaired, replaced or boarded up before Agents depart.
If a third party, such as a carpenter, is required to secure the
premises, an Agent should remain until such work is completed.
Premises disrupted by a search should be restored to its condition
prior to search insofar as possible. Where it_is anticipated that
Ss
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