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re fo aS Seed eee ee Lh OR a dd SENSITIVE Manl-ID; LHBSAXO LEGAL HANDBOOK FOR SPECIAL AGENTS APPENDIX er unreasonable for a substitute Agent, who 1s located near the magistrate, to present a written affidavit in person tq the magistrate in lieu of proceeding telephonically; (d) The need for a search warrant is such that without the telephonic procedure, a search warrant could not bé obtained and there would be a significant risk that evidence would be destroyed or that a fugitive would escape. the magistrate. The magistrate may direct that modifigations be made to it. ! (5) The duplicate original warrant must be stead verbatim to | (6) Probable cause for the search must be established. Where circumstances have allowed for the preparation of a written statement of probable cause, 1t should be read to the regsstrate. The magistrate may ask questions and solicit additional information necessary for a finding of probable cause. (7) The magistrate will order issuance of tHe warrant directing the affiant to sign the magistrate's name on |the duplicate original warrant. The duplicate original warrant may then be executed. warrant and to enter on the face of the warrant the exact time when the warrant was ordered issued. The person who executes the duplicate original warrant 1s required to enter on the face of the duplicate original warrant the exact time that it is executed. In view of this, the person who will execute the warrant and the magistrate should synchronize their watches. (9) The magistrate may direct the Agent or A to prepare a transcript of the telephone conversation where it has bleen recorded by means of a voice recording device. Where the Agent 1s directed to do this, the transcript should be promptly prepared and furnished to the magistrate. The magistrate may also wish to have the ent sign and (8) The Magistrate is required to prepare a original swear Co the veracity of the transcribed conversation. || **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: | SecCls: SENSITIVE Printed: 08/20/2003 06:43:34 Page 2 i 1 FOI IIIA IIIA KIAAITIIN, END OF REPORT hen Annan ntieeents | |