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oh ee ee CL i BS SENSITIVE Manl-ID; LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 eee **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 1-3,2 |Probable Cause to Arrest The constitutional validity of every arrest, whether made with or without a warrant, depends upon the existence of PROBABLE CAUSE AT THE MOMENT THE ARREST IS MADE. Evidence obtained subsequent to the arrest cannot be used retrospectively to justify the arrest. An arrest by warrant ensures that a magistrate judge or a grand jury has predetermined the existence of probable cause. A warrantless arrest is valid if a federal offense--felony or misdemeanor--is committed in the presence of Agents, or, if the arresting Agents have probable cause to believe that a federal felony was committed by the person being arrested. | **EfEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 1-3.3 |Probable Cause to Search When probable cause is required to justify a search--e.g., search warrant, emergency search, or the vehicle exception--the available facts and circumstances must support the conclusion that a crime has been committed, that items sought are connected with thst crime (or are persons for whose arrest there is probable cause, or who are being unlawfully restrained), and that the described items or persons are presently located or soon to be located at a particularly described place. | **Ef£Dte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 1-4 | SOURCES|OF FACTS | firsthand perceptions of an Agent, or they may be obtained from |Facts to establish probable cause may be based on secondhand sources (hearsay). **Eff£Dte: 07/26/1999 MCRT#: 915 Div: D9 Cav; SecCls: 1-4,1 |Firsthand Knowledge | Firsthand knowledge consists of information obtained directly through the senses-~i.e., sight, hearing, smell, or touch. | **EffDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 1-4,2 |Hearsay | SENSITIVE Printed: 08/20/2003 06:43:34 Page 2