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Supreme Court — Part 7
Page 37
37 / 107
QUESTIOVWING OF Fins iS
When it is desired to question @ person in @ case at a Federal Bureau
of Investiation Field Office, that person is invited to the Field Office,
This questioning is based on his woluntary presence. Where he is to be question-
ed more than a reasonable length of time he is requested to sign a written
consent to remain in the field office or the place of questioning. Since this
is a purely voluntery arrangement on the part of the person questioned and the
circunstances vary in almost every situation, the fora of consent varies.
In all instances, however, the form of consent includes a statement that it
is voluntarily given without threats, promises or duress of any kind. If
the person being questioned voluntarily agrees to remain in a Bureau Field Office
while outside investigation is being conducted as a result of information
obtained from hin, there is no general limitation of the length of time he may
agree to renain. .
PROCFDURE FOLLOWED NHERE PRISONLR
S_UNDER ARREST INS FBI CUSTODY
i
le Untwersal Rule
~
The prisoner ie alvays imncdiately taken before the marest United
States Comnissioner for arraignzent. Imrediately, according to Nepartnental
interpretation trangaitted to this Bureau, neans the earliest practicable time
when a United States Comnissioner is available. Yor example, if a prisoner
is arrested after the nearest office of the United States Commissioner is closed
for the day or the weekend, immediately ic taken to mean during the morning
of the next business day.
2. Exception
The only exception to taking s prisdéner before a United States
Commissioner immediately, which is allowed by the rules of the FBI, is when
& waiver of his right to damediate arraignment has been voluntarily given in
writing. The rules of the FBI require prior approval from headquarters in
Washington before a Special Agent may invoke this exception.
There are two situations when such a waiver may be obtained.’ One
ie where the prismer is to be removed to another judicial district. The other
is where the prisoner waives immediate arraignzuent in the dibtrict of prose-
cution,.
{a) Approved “aiver forms for Revoval
There are two waiver forss officially issued by the FBI headquarters
for use in the field when it ts desired to defer the arraignnent of a prisoner
subject to removal. These two forns have been approved by the Tepartment
ani will be briefly discussed and attacked hereto as exhibits.
- 2 =
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