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Legal Handbook for FBI Special Agents — Part 2

147 pages · May 10, 2026 · Document date: Apr 28, 1978 · Broad topic: General · Topic: Legal Handbook for FBI Special Agents · 147 pages OCR'd
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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 Printed: 05/05/2004 13:08:54 Page 12
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