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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 **EEEDte: 07/26/1999 MCRT#: 915 Div: DI Cav: SecCls: 5-4.6 Warning of Rights (Formerly 5-4.5) In order to establish a voluntary consent, the government is not required to prove a warning of Fourth Amendment rights was administered before the consent. Nevertheless, since it is a factor bearing on the voluntariness of consent, Agents |should| inform individuals from whom consent is sought that they have a right to withhold consent. The warning is contained in the standard Consent to Search Form, FD-26. **EEEDte: 10/09/2001 MCRT#: 1159 Div: D9 Cav: SecCls: |5-4.7| Proof of Consent | (Formerly 5-4.6) | Consent to search should be obtained in writing, if possible. Form FD-26 is to be used for this purpose. In the event an individual orally consents, but will not sign the form, Agents should make a record of the consent on the FD-26. The form should be completed except for the signature of the consenting party, and Agents should note thereon the fact of consent, preferably in the language of the consenter. The completed FD-26 should be retained in the exhibit envelope of the case file. **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: |5-4.8| Limitations on Consent | (Formerly 5-4.7) | The consenting party controls the conditions of a search. |He/She|may revoke the consent, at which time Agents should terminate the search, or |he/she|may otherwise limit the scope or time of search. Agents must conform to such limitations. **EEEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: |5-4.9| Implied Consent | (Formerly 5-4.8) | Neither silence nor a failure to object can be considered a voluntary consent. Agents should not rely on such conduct or any other ambiguous response as a relinquishment of Fourth Amendment rights. Rather, they should obtain an express consent in writing (FD-26), or where that is not possible, a specific verbal consent. **EfEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: Ss Printed: 05/05/2004 13:08:54 Page 20