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SENSTTEVE_ Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 inventoried by Agents prior to being stored for safekeeping. A receipt for such property should be prepared and given to the arrestee. This inventory should include the contents of containers such as purses, shoulder bags, suitcases, etc., whether or not the containers are locked or sealed. In the event such containers are locked or sealed great care must be taken to minimize damage to the container or its contents while gaining access. This caretaking function must not be construed as an alternative to a search warrant whenever there is probable cause to believe that evidence or contraband is inside a container. Under those circumstances the container should be secured until a search warrant can be obtained. | **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 5-7 |MOTOR VEHICLE EXCEPTION (Formerly 5~7.1) A warrantless search of a vehicle is permissible where Agents have probable cause to believe the vehicle contains evidence of a crime and the Agents have lawful access to the vehicle. Since the authority to search is directed against the vehicle, search of the driver and occupants for evidence is not permissible, although a limited search for weapons may be permissible if the Agent has reasonable suspicion the person(s) is armed. The scope of the search of the motor vehicle is the same as with a warrant. Thus, if the probable cause is applicable to the vehicle, the search may extend to any part of the vehicle or containers therein where the evidence sought could reasonably be located. Conversely, if the probable cause is limited to a container located inside a vehicle, the search must be confined to that container. Since the factual predicate for a vehicle exception search is the same probable cause needed to obtain a search warrant, consideration should always be given to the practicability of obtaining a warrant before using the vehicle exception. (See 5-6.3.) | **EEEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 5-7.1 |Moved to 5-7| **EfFEDte: 07/26/1999 MCRT#: 915 Div: DY Cav: SecCls: 5-7.2 |Moved to 5-8.1 and 5-8.2| **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 5-7.3 |Moved to 5-8.3| **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 5-7.4 |Deleted| __SENSEPIVE Printed: 05/05/2004 13:08:54 Page 24 ——_——- ),. —<—$—$___{ )