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- - ll-l In ll us» lluulullliu SENSITIVE Manl~ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 person is arrested under a warrant issued upon a complaint that charges only a violation of Title 18, USC, Section 1073 UFAP!, the arrested person is transferred without unnecessary delay to the custody of appropriate state or local authorities in the district of arrest, and the government attorney in the originating district moves promptly for the dismissal of the UFAP complaint. The Department of Justice Criminal Division has advised FBIHQ that it is not necessary to wait until the UFAP warrant has actually been dismissed before releasing the subject to state or local authorities, but it is important that efficient procedures be implemented and followed to make sure that UFAP warrants are promptly dismissed after notification of an arrest is given.!] If the arrest was without warrant, a complaint is to be filed, setting forth the facts of probable cause when the arrestee is brought before the magistrate. A personal, telephone, or electronic presentation of the complaint setting forth probable cause for the magistrate must occur within 48 hours following a warrantless arrest if the arrestee is detained and an initial appearance cannot be held within that 48-hour period. Proceedings before the magistrate will be carried out in accordance with Rule 5, Federal Rules of Criminal Procedure. **EffDte: 05/10/1996 HCRT#: 538 Div: D9 Cav: SecCls: 3-5.1 Effect of Unnecessary Delay Incriminating statements obtained during a period of unnecessary delay after arrest and prior to the initial appearance before a magistrate are subject to exclusion. **EffDte: 06/19/1992 MCRT#: 0 Div: D9 Cav: SecCls: 3-5.2 Definition of Unnecessary Delay Title 18, USC, Section 3501, provides that a confession, otherwise voluntary, obtained within six hours following arrest or detention, is admissible in evidence. Delay of more than six hours may invalidate an incriminating statement obtained after the six hours have elapsed. However, the statute provides that the six-hour limitation shall not apply where delay in bringing the arrestee before a magistrate is found by the trial judge to be reasonable considering the means of transportation and the distance to be traveled to the nearest magistrate. **EffDte: 06/19/1992 HCRT#: 0 Div: D9 Cav: SecCls: 3~5.3 Booking Procedure SENSITIVE Printed: 08/20/2003 06:43:34 Page 6 "' WIN"  ~