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SENSITIVE Manl-ID: LHBSAP1 LEGAL -HANDBOOK FOR SPECIAL AGENTS PAR A A | wee aad T 1 Sane the accused is advised of and waives his/her Miranda r proceeding with the interview. Additionally, it shoul that not every statement by an accused will be viewed second interview. In order to be viewed as initiating interview, a statement by an accused should either be for such or the words must be capable of reasonable in that he/she desires to be interviewed. Where the word they should be clarified by the Agents asking if he/sh be interviewed. The words and responses, if any, to s questions should be made a matter of record. Requests or creature comforts and general conversation by an ac be viewed as directly indicative of a desire to be int should not, by themselves, be used to predicate a seco (See (6).)| (6) Assertion of Rights Before Officers 0 Jurisdiction —- Where an accused is in the custody of o another jurisdiction and Agents desire to interrogate Agents must inquire of such officers whether the accus his or her|right to remain silent and/or the right to Agents must treat that invocation of rights as if it h directly to them, and a second interview will only be the rules set forth in Section 7-4.1|(4) and (5), supr followed. | The same procedure applies where Agents see accused in custody who has been previously the target interrogation effort by other Agents. (7) Request for Legal Representation at a : ights before be recognized s initiating a a second direct request Ferpretation are ambiguous, e& now wants to uch clarifying for information used should not rviewed and d interview, Another Ericers of he accused, ed has asserted counsel, If so, d been made bliowed where » are k to question an pf an Court Proceeding ~ If an accused, during the course of an initial appearance or other court proceeding, requests to be represented counsellor accepts the court appointment of counsel, |n the accused may take place concerning the charge(s) fo accused has appeared in court unless: (a) (b) the accused's counsel is present y legal interview of which the S or the accused initiates the contact with the Agents and is expressly advised that he/she has the right to be represented by separate counsel; or {c) contact is necessary to acquire critical to|lifel|and the presence of counsel will dela impede the receipt of the needed information; or (4) the contact has been approved by nformation or the United States Attorney's Office or other Department of Justice official based on extenuating circumstances such as defense counsel's the criminal offense or other serious|conflicts|of int An accused who has requested legal representation in hearing may, however, be interviewed concerning other offenses. If the accused is in custody, the intervie involvement in erest. i court ncharged concerning the uncharged offenses must by preceded by a warning SENSITIVE Printed: 08/20/2003 06:43:34 Page 7