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Legal Handbook for FBI Special Agents — Part 1

138 pages · May 10, 2026 · Document date: Aug 20, 2003 · Broad topic: General · Topic: Legal Handbook for FBI Special Agents · 128 pages OCR'd
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SENSITIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PAR CAR a | Til i ad _-_- _ - | be signed in the presence of a witness or witnesses in Agent to whom the statement was made. If only one Age and no other witnesses are available, a brief explanat regarding the circumstances should be included in the accompanying the Agent's report. A witness to a signe confession should sign his full name, together with hi he has no title, his address. **EFFDte: 04/28/1978 MCRT#: 0 Div: D9 Cav: 7-12.10 Furnishing Copy of Statement Agents should not volunteer to furnish a ¢ addition to the in is present, ry note cover page d statement or 4 title, or if SecCls: opy of a confession or signed (or unsigned) statement to aebiects or their attorneys. If any such person requests a copy after t formally referred to the USA, the person requesting th referred to the USA. A case will be considered formal the USA when facts are presented to him and he indicat likelihood of ultimate prosecution. I£ the copy 18 re formal referral, it should be furnished. If the defen prospective defendant, or witness interviewed after fo offers to give a confession or signed statement only u condition that a copy will be given to him, the statem confession should be taken and the copy furnished unle readily be reached for an opinion and advises to the c **EFEDte: 04/28/1978 MCRT#: O Div: D9 Cav: 7-12.11 Preservation of Statement and FD-395 The original statement or confession (sign and the FD-395 or other original record of warning and rights should not be mutilated by punch marks, block gs numbers but should be retained and preserved in their condition in the|1A/envelope| (FD-340) |of the| investiga and should not be forwarded to FBIHQ. Where an invest in an accumulation of a large number of statements, ne their retention in a place other than the|1A envelope, should be retained as|1C material (FD-192A).| Statemen e case has been copy should be iy referred to s the uested prior to ant, rmal referral on the nt or as the USA can. gatrery. SecCls: éd or unsigned) waiver of amps, or file viginal ive|case file gation results essitating the statements S are an integral part of the investigative case file and must not be destroyed without prior FBIHQ authority. **EfEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: 7-12.12 Delivery to U.S. Attorney A statement or confession should be delive SENSITIVE Printed: 08/20/2003 06:43:34 Page 16 SecCls: ved at the time
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