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Legal Handbook for FBI Special Agents — Part 1
Page 66
66 / 138
SENSITIVE
Hanl-ID: LHBSAP1
LEGAL HANDBOOK
FOR SPECIAL AGENTS PART 1
inventoried by
Agents prior
to
being stored
for safekeeping.
A
receipt for
such property should be prepared and given to
the
arrestee. This
inventory should
include the
contents
of containers
such
as
purses, shoulder
bags, suitcases,
etc., whether
or not the
containers are
locked or
sealed. In
the event
such containers
are
locked or sealed great
care must be taken to
minimize
damage to the
container or
its contents
while gaining
access. This
caretaking
function must
not be
construed as
an
alternative
to
a search
warrant
whenever there is probable
cause to believe that
evidence or
contraband is
inside
a container.
Under
those
circumstances the
container should be secured until a search warrant can be obtained.|
**EffDte: 07/26/1999
HCRT#: 915
Div: D9
Cav: SecCls:
5-7 IMOTOR
VEHICLE EXCEPTION
Formerly 5-7.1!
A warrantless
search of
a vehicle
is permissible
where
Agents have probable cause
to
believe the vehicle contains evidence of
a crime and the Agents have lawful
access
to the vehicle.
Since
the
authority to
search
is directed
against the vehicle, search of the
driver and occupants for evidence is not permissible, although a
limited search
for weapons may be permissible if
the Agent has
reasonable suspicion the person s! is armed. The scope
of
the search
of the motor vehicle
is the
same as with a warrant.
Thus. if
lb!
probable cause is applicable
to the vehicle, the
search may extend to
any part of the vehicle or containers therein where the evidence
sought could
reasonably
be located.
Conversely, if the probable cause
is limited
to a container
located inside
a vehicle,
the search must be
confined to
that container.
Since the factual predicate
for a vehicle
exception search is the same probable cause needed to obtain a search
warrant, consideration
should always be given to the practicability of
obtaining a warrant before using the vehicle exception. See 5-6.3.!|
**EffDte: 07/26/1999 MCRT#: 915 Div: D9
Cav: SecCls:
5-7.1 |Hoved
to
5-7|
|
**EffDte: 07/26/1999 HCRT#: 915 Div: D9
Cav: SecCls:
5-7.2 [Moved to 5-a.1 and 5-a.2|
|
**EffDte: 07/26/1999
HCRT#: 915 Div:
D9
Cav:
SecCls:
5-7.3 [Moved to
5-8.3]
I
**EffDte: 07/26/1999
HCRT#:
915
Div: D9
Cav: SecCls:
5-7.4 |Deleted|
I
SENSITIVE
Printed: 08/20/zoos 06:43:34 Page
24
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