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SENSITIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 The Act does not prohibit the search for or seizure of either work product materials or documentary materials if there is probable cause to believe the possessor thereof has committed or is committing a crime to which the materials relate (exclusive of a possessory offense). Nor does the Act bar the seizure of either category of materials where there is a reasonable belief that seizure is necessary to prevent death or serious bodily injury. In addition to the foregoing, documentary materials only may be seized if; (1) issuance of a subpoena would cause destruction or concealment of the materials; or (2) the possessor has failed to comply with a court order to produce the materials, and delay caused by further legal proceedings would threaten the interests of justice. *kEfFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: |5-12.3] Remedies | (Formerly 5-11.3) | No criminal sanction attaches for violation of the Act. Nor will evidence seized in violation of the Act be excluded in a criminal proceeding. However, a civil cause of action against the United States, providing for liquidated damages, has been created. While Agents cannot be sued individually under the Act, the Attorney General is directed to: (1) cause an administrative inquiry to be held where a violation of the law has occurred; and (2) impose administrative sanctions against the individual Agent, if warranted. **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 5-12.4 |Moved to 5-13.4| **EFFDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 3-12.5 |Moved to 5-13.5| **EfEDte: 07/26/1999 MCRT#: 915 Divs D9 Cav: SecCls: 5-12.6 |Moved to 5-13.6] | *KEfFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: |5-13| SEARCH FOR DOCUMENTS IN POSSESSION OF THIRD PARTIES | SENSITIVE Printed: 08/20/2003 06:43:34 Page 30