◆ SpookStack

SENSITIVE Manl-ID; LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 | (Formerly 5-12) | **EfEDte: 07/26/1999 MCRT#: 915 Div: DI Cav: SecCls: |5-13.1| Attorney General Guidelines | (Formerly 5-12.1) | The Attorney General has issued guidelines, pursuant to Title II, Privacy Protection Act of 1980, which control the method used by Agents in obtaining documentary materials possessed by disinterested third parties. The purpose of the guidelines is to assure that federal officers do not use their search and seizure authority to obtain such evidence unless reliance on a less intrusive alternative means (e.g., subpoena, summons, request) would jeopardize the availability or usefulness of the materials. The guidelines are reproduced in full in MIOG, Part 2, Section 28. **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: |5-13.2| Definitions | (Formerly 5-12.2) | (1) Disinterested third parties, for purposes of the guidelines, are persons or organizations not reasonably believed to be either suspects in a crime to which the documents relate or individuals related by blood or marriage to such suspects. (2) Documentary materials are those on which information is recorded and include, in addition to written or printed matter, such things as photos, films, audio or visual tapes, and materials on which information is electronically or magnetically recorded. Documentary materials do not include items which are contraband, fruits and instrumentalities of crime. Therefore, evidence such as demand notes in bank robberies, negotiable securities stolen and transported interstate, and fraudulent applications for federal loans or grants, may be reached by search warrant without offending the guidelines. k*EFEDtE: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: ]5-13.3| Exemptions | (Formerly 5-12.3) | Exempted from the guidelines are the following: (1) Audits, inspections, etc., undertaken pursuant to federal statute or contract; (2) Foreign counterintelligence operations under authority of applicable federal law; SENSITIVE Printed: 08/20/2003 06:43:34 Page 31