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Legal Handbook for FBI Special Agents — Part 2
Page 65
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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1
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hardware. Each component of a computer system should be given
independent consideration. When preparing a warrant, only those
components for which there is an articulable independent basis to be
searched or seized should be listed. For additional guidance
regarding the search and seizure of computers, see "Federal
Guidelines For Searching and Seizing Computers," 56 CRIMINAL LAW
REPORTER, Page 2023 (1994). Questions should also be directed to the
Chief Division Counsel.
**kEFEDte: 10/09/2001 MCRT#: 1159 Div: D9 Cav: SecCls:
5-3 | INTRODUCTION: EXCEPTIONS TO THE SEARCH WARRANT
REQUIREMENT
A warrantless search is presumptively unreasonable.
However, there are recognized exceptions to the warrant requirement.
While these exceptions authorize Agents to conduct a search consistent
with the permissible scope of the exception, due to the preference for
a warrant, Bureau policy requires Agents to obtain search warrants
when time permits. When conducting a warrantless search, Agents are
reminded that the burden is on the government to demonstrate that the
exception applied and that the government stayed within the
permissible scope of the exception. The exceptions include the
following: ;
Consent
Emergency Searches
Search Incidental to Arrest
The Motor Vehicle Exception
Inventory |
**EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
5-3.1 |Moved to 5-6.1|
**EEEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
5-3.2 |Moved to 5-6.2|
**EEEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
5-3.3 |Deleted|
**kEEEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
5-3.4 |Revised and Moved to 5-6.3|
Bae
Printed: 05/05/2004 13:08:54 Page 16
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