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Ss Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 and waiver of Miranda rights. See, Section 7-4.1 (1) - (4). (8) FD-395; Impossible or Impractical to Use ~ In any situation in which the written form is impossible or impractical to use, an acknowledgment of rights and a waiver of those rights can be obtained orally from the suspect. If FD-395 is not used, the justification therefor must be set out in the cover pages of the report setting forth the results of the interview. Although the oral warning and waiver need not be given in any particular form, they must conform substantially to the language found in FD-395. The testimony of the Agent that the warning was administered, that the suspect expressly stated his/her willingness to make a statement, and that he/she did not want a lawyer should suffice to carry the government's burden. (9) Warnings and Waiver; Applicability to Witness - The warning and waiver requirements do not apply to statements obtained from witnesses in criminal investigations. However, in each instance the interview report must clearly indicate that the statement was given freely and voluntarily by the witness. (10) Warnings and Waiver; Applicability to Civil Matters — The warnings and waiver requirements do not apply to purely civil matters, for which no criminal punishment--fine or imprisonment-——is a! provided, including investigations under the Civil Rights Act of 1964 and the Fair Housing Act of 1968 (Discrimination in Housing). NS However, the warning should always be given and the waiver obtained in investigations under the Civil Rights Act of 1964 and the Fair Housing Act of 1968 when interference by force or threat of force, interference with a witness, or other obstruction of justice is involved. (11) Persons Under Local Arrest; Informants - The requirements of warning and waiver apply: (a) To a person interviewed under local arrest on local charges for possible federal violations; (b) To an informant being interviewed as a subject or suspect concerning his/her own guilt, when the conditions described in Section 7-3.2 exist. (12) Obtaining Lawyer for Accused - Agents are not responsible for obtaining counsel for anyone. (13) Filing of FD-395 - The original FD-395 (signed or unsigned) must be filed in the 1-A envelope|(FD-340, FD-340b and/or FD-340c) |of the case file. —, **EFEDte: 01/21/2004 MCRT#: 1315 Div: D9- Cav: SecCls: — 7-5 INTERVIEW OF SUBJECT BY U.S. ATTORNEY S Printed: 05/05/2004 13:08:54 Page 8