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Legal Handbook for FBI Special Agents — Part 1
Page 68
68 / 138
SENSITIVE
Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1
a
have a routine administrative caretaking responsibility regarding the
custody, storage, and inventorying of the contents of the vehicle.
The following procedures should be used whenever Agents impound
vehicles;
(1) The U.S. Marshal should be contacted to arrange for
storage if no adequate Bureau facilities are available.
(2) A receipt for the vehicle should be prepared at the
time of the seizure or as soon thereafter as practicable.
(including trunk and glove box) and any containers therein, whether
lecked or unlocked, should be conducted and an FD-302 prepared showing
the results of the inventory. The FD-302 should include, but not be
limited to, the following:
(a) Description of the car (year, color, VIN,
license number)
(b) Description of all valuables secured from the
vehicle for safekeeping
(c) Listing of all accessories, tools, and
unattached parts left in the vehicle
(d) Notation describing the condition of the body
and upholstery (specifically naming the damage or deteriorated areas
and briefly stating the damage)
(3) A prompt, thorough inventory of the interior
(e) Lasting of all missing items such as keys,
motor, radio, battery, spare tire, etc.
(See 5-8.1 re use of FD-653.) | |
*kELEDtO: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls;
|5-8.3| Forfeiture of Vehicles | (Formerly 5-7.3) |
As applied to motor vehicles, a forfeiture statute may
authorize the seizure of a vehicle where there is probable cause to
believe it is being used, has been used, is intended for use, or was
acquired in violation of a statute that permits forfeiture. Agents,
for example, may seize an automobile being used in an illegal gambling
business under Title 18, USC, Section 1955(d). Where possible,
authority of the U.S. Attorney should be obtained prior to any such
seizure. Moreover, absent exigent circumstances, a search warrant
should be obtained before seizure when such an action is planned or
anticipated. A vehicle lawfully seized pursuant to a forfeiture
statute may be searched under the warrant authorizing seizure. A
receipt should be given for the vehicle seized, and custody turned
SENSITIVE
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