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Legal Handbook for FBI Special Agents — Part 2
Page 74
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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1
x*BEEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
5-8 | INVENTORY SEARCHES
In certain situations, Agents may have reason to seize
personal property but have no investigatory reason for searching the
property. As part of an administrative caretaking function, Agents
seizing such property must be concerned about its custody, storage and
inventorying the contents of the property. The inventory is a search
made reasonable by the lawful possession of the property and adherence
to the FBI's policy on conducting inventory searches. This caretaking
function is based on the need to protect the property owner's
interests while the property is in the custody of the FBI, to protect
the FBI and its employees against claims or disputes over lost, stolen
or vandalized property and to protect employees from potential danger.
An inventory search may not be a ruse for a search for evidence of
criminal activity.
xkEEEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
|5-8.1 Scope of the Inventory Search (Formerly 5-7.2)
Upon seizing personal property, a prompt thorough search
of the contents of the property, whether locked or unlocked, including
any containers located therein whether locked or unlocked, should be
conducted and an FD-302 prepared showing the results of the inventory.
The FD-302 should include, but not be limited to, a description of the
property and a description of the valuables secured for safekeeping.
In order to facilitate the preparation of the FD-302, form FD-653
(Motor Vehicle Inspection Inventory Record) may be used in connection
with seizure of motor vehicles. The FD-302 may simply refer to the
FD-653 and be attached thereto. Where practicable, the inventory
should be conducted by two persons. Nonevidentiary items of
significant value should be removed for safekeeping and afforded
_ adequate security. Contraband or evidence found should be immediately
seized and preserved in accordance with existing procedures governing
the seizure of physical evidence. A receipt should be given for all
items retrieved during the search. (See 5-8.2 below and MIOG, Part 1,
Sections 26-2.5, 26-2.7, and 149-3, and MAOP, Part 2, Section 2, re
evidence retention.) |
*xkBEEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
|5-8.2 Impoundment Inventories (Formerly 5-7.2) |
Vehicles are often seized with no investigatory reason for
searching the vehicle and its contents. In such situations, Agents
eee
Printed: 05/05/2004 13:08:54 Page 25
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