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Legal Handbook for FBI Special Agents — Part 1
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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1
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of the crime, or that he/she admitted his/her participation in the
offense. The witness merely should be informed that a person who fits
the description of the suspect has been detained for investigation.
(3) Questioning Witnesses - Agents should phrase
questions of witnesses so as to avoid suggesting that the person
stopped has been arrested or is the perpetrator of the crime. For
example, "Is this the person?" is preferable to "This is the person,
isn't it?"
(4) Commenting on Validity of Identification - Agents
should not comment on the validity of an identification made by a
witness during a single suspect confrontation.
**EfEDte: 05/30/1991 MCRT#: O Div; D9 Cav: SecCls:
6-3.3 Place of Confrontation
(1) After Arrest - If a suspect found in the general
vicinity of a crime shortly after its commission is arrested, the
confrontation may take place either at the place of arrest, the scene
of the crime, or any other appropriate place. The consent of the
suspect shall not be required to remove him/her from the arrest site
to another location for viewing.
(2) During Temporary Detention - If a person found in the
general vicinity of a crime shortly after its commission is Placed in
temporary detention, the confrontation should take place at the
location of the stop. This will require transporting the witnesses to
the scene of the detention. Unless special circumstances exist, or
the suspect voluntarily consents, the suspect should not be
transported to the scene of the crime or to another location for
viewing.
**EFEDte: 05/30/1991 MCRT#: O Div: D9 Cav: SecCls:
6-3.4 Multiple Witnesses
If there are several witnesses to the crime, consideration
should be given to having only one or two confront the suspect, If
the suspect is taken into custody, a lineup may be arranged for the
witnesses who did not view the suspect in the confrontation.
**EfEDte: 05/30/1991 MCRT#: 0 Divs D9 Cav: SecCls:;
6-3.5 Right to Counsel
A suspect who appears in a single suspect confrontation
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Printed: 08/20/2003 06:43:34 9
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