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SENSITIVE Manl-ID:; LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 later claims of harassment will be made by those affected by the search, it is sound practice to photograph the interior of premises before departure. The foregoing policy is designed to protect Agents against Later allegations of impropriety or illegality. **kEFEDte: 05/01/1985 MCRT#: 0 Div: D9 Cav: SecCls: 5-2.2.14 Damage to Property Where performance of duty results in damage to private property, such as a broken door, the property owner may be entitled to compensation, even where there was legal justification for the entry and search. Government funds are available for satisfaction of justified claims arising from such damage. In a case where a claim has been filed or is likely to be filed: (1) The property owner or|his/her|designated representative should be interviewed; (2) A reliable estimate of repair costs should be obtained; (3) A minimum compensation figure acceptable to the owner should be determined. FBIHQ should be advised by letter of the above information, together with the SAC's recommendation as to whether the claim should be paid, and if so, the estimate of a reasonable amount. Claims should be handled promptly. Efforts should be made to settle claims on an amicable basis, rather than allow a minor matter to escalate into a major problem. **EfEDte: 05/01/1985 MCRT#: 0 Div: D9 Cav: SecCls: 5-2.2.15 Criminal Liability An Agent who, maliciously and without probable cause, procures a search warrant is guilty of a criminal offense. In executing a search warrant|he/she|is criminally liable where |he/she| exceeds |his/her|authority or exercises it with unnecessary severity. Any Agent who, maliciously and without probable cause, searches property with a search warrant is likewise guilty of a Federal criminal violation (Title 18, USC, Sections 2234, 2235, 2236). *eEFFDte: 05/01/1985 MCRT#: 0 Div: D9 Cav: SecCls; 5-2.2.16 Forfeiture of Property (See|5-8.3|and MIOG.) Forfeiture is a procedure created by statute, penal in SENSITIVE Printed: 08/20/2003 06:43:34 Page 13