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SENSITIVE | Manl-ID: LHBSAXO LEGAL HANDBOOK FOR SPECIAL AGENTS APPENDIX rrr ent nt rer APPENDIX 4. SELECTED FEDERAL CIRCUIT COURTS OF APPEALS CASES THAT ARE IN CONFLICT, IN WHOLE OR IN/PART, THE GENERAL RULES SET FORTH IN THIS HANDBOOK **EEEDte: 05/01/1985 MCRT#: 0 Div: D9 Cav: WITH SecCls: 4-1 SELECTED FEDERAL CIRCUIT COURTS OF APPEALS cst THAT ARE IN CONFLICT, IN WHOLE OR IN PART, WITH THE GEN SET FORTH IN THIS HANDBOOK SECTION 1. SECTION 2. SECTION 3. SECTION 4. SECTION 5. SECTION 6. SECTION 7. SECTION 8. Printed: 08/20/2003 06:43:34 PROBABLE CAUSE (None) AFFIDAVITS AND COMPLAINTS (None) ARRESTS (None) INVESTIGATIVE DETENTION (None) SEARCH AND SEIZURE |Subsection 5-5, Emergency Searches Circuit requires the government to "reasonable belief" (mot a "reason suspicion") that life or safety is under the emergency exception. Se RAL RULES 3 Second have a able in e Kerman jeopardy before entering teh. premises v. City of New York, 261 F.3 2001). | 229 EYEWITNESS IDENTIFICATION (None) CONFESSIONS AND INTERROGATIONS Subsection 7-4.1 (2), Refusal to S$ (2nd Cir. 1gn FD-395 Attention: Ninth Circuit Offices and all offices obtaining confessions that used in criminal proceedings|in th Circuit: The Ninth Circuit tequir could be e Ninth es the following in the interrogation of a person who has been advised of his/her Mi randa rights as contained on an FD7395, and who has declined to sign the waiver on FD-395: (1) that the person/ being interviewed understands those righ the ts and is willing to answer questions;| (2) that the person must be clearly informed that the failure to sign the waiver does no t prevent the statements made from being used against that person. See, U.S. v. Heldt, 1275 (9th Cir. 1984). INFORMANTS AND ENTRAPMENT (None) SENSITIVE 745 F.2d