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SO ee Ea HR cr id SENSITIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 ——-- eee warrant. If circumstances make it reasonable to dispense with a written affidavit, a federal magistrate judge may issue a warrant upon sworn oral testimony communicated by telephone. | **EfEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: J1-5.4 The Probable Cause Statement (1) General - Whether Preparing an affidavit for a search warrant or a complaint for an arrest warrant, the purpose is the same: To communicate the relevant information to the magistrate judge in an understandable way. Based upon the information provided, the magistrate judge must make an independent determination that probable cause exists to support the issuance of the warrant. In the same manner that Agents assess the value and weight of information by evaluating the credibility of the source and the reliability of the information, a magistrate judge will assess the information and make a probable cause determination. (2) The "Four-Corners" Rule - The Agent's responsibility is to ensure that all of the appropriate information is included in the probable cause statement. Information known to the Agent but not included in the affidavit cannot be considered by the magistrate judge in the probable cause determination. (3) In addition to relating all of the relevant facts necessary to support a finding of probable cause, the affidavit should also attribute the facts to their sources and indicate the time when the Agent and the sources obtained the information. (4) Credibility of the Source - Information should be communicated to the magistrate judge which shows that the source should be believed. (a) Named Source ~ When the source of the information is named in the affidavit, the source's credibility is presumed. (b) Unnamed Source - When the source is not named, Agents should, whenever possible, provide information to the magistrate judge that is relevant to the source's credibility. 1. Good Citizen/Law Enforcement Officer — The credibility of a good citizen or a law enforcement officer is presumed. Thus, if a source is a good citizen in the community or a law enforcement officer, that information should be set forth in the affidavit so that the magistrate judge can draw the appropriate inferences regarding the source's credibility. 2. Criminal Informant - The credibility of one who is involved in criminal activity is not presumed: it must be SENSITIVE Printed: 08/20/2003 06:43:34 Page 6 1 a