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EE bie fle lod DSR SENSITIVE Man1-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 eee (3) The warnings and waiver are required where a person has been previously charged with a crime|by indictment, information or presentment for an initial appearance and is subsequent ly| interviewed about the pending charge or alclosely|related offense. |An offense is considered closely related to the charged offense when it is essentially the same crime or a lesser included offense. If, however, the crime charged and the offense under investigation each require proof of at least one additional fact, they are not considered closely related. Therefore, a person charged with a burglary who is subsequently released on bond could be interviewed regarding a murder that occurred during that burglary without first being warned of his/her rights and waiving those rights because murder is not a closely related offense to burglary.| (See (4) and (7).) (4) When the conditions requiring the advice of rights specified in Section 7-3.2 (1) - (3) do not exist, the interviewing Agents are only required to advise a person of their names and official identities and the nature of the inquiry. (5) The warning and waiver of rights is not required prior to a request for general background information contained in standard booking questions. To f:t within this exception, the question must be one that is routinely asked of individuals in FBI custody and there must be a clear administrative, as opposed to investigative, need for the information requested. (6) The warning and waiver of rights is not required when questions which are reasonably prompted by a concern for public safety are asked. For example, if Agents make an arrest in public shortly after the commission of an armed offense, and need to make an immediate inquiry to determine the location of the weapon, such questions may be asked, even of an in~custody suspect, without first advising the suspect of the warnings contained in Form FD-395. This public safety exception could also apply to other situations where imminent threat(s) to the safety of law enforcement officers or member(s) of the public could be alleviated by questions necessary to neutralize that threat. (7) The warning and waiver of rights is not required when questions regarding|crimes not closely related to charged| offenses are | being asked by a cellmate informant. The informant may be either an inmate placed for that purpose or an undercover law enforcement officer. |A crime that is not closely related to the offense charged | | is one that meets the requirement of subsection (3) above. (See MIOG, Part i,|Section 137.) | | **EEfDte: 10/09/2001 MCRT#: 1159 Div: D9 Cav: SecCis: 7-3.3 Form FD-395 (See LHBSA, Part 1, 7-3.2, 7-4.1, 7-15 and Appendix, 2-1.) SENSITIVE Printed: 08/20/2003 06:43:34 Page 4 rn a) | ieee TNE TMT rt Seer