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s Manl-ID; LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 (2) When electronically recording confessions or witness interviews, Agents are required to comply with MIOG, Part 2, Section 10-10 (Consensual Monitoring) and Sections 10-9.8, 10-9.8.1, and 10-9.8.2 regarding preservation of original tape recordings and chain of custody. (3) When electronically recording confessions of custodial subjects, the following guidelines should be observed: (a) Confessions made during custodial interrogation may be recorded electronically when such recording is approved by the SAC, or his or her designee. If approved by the SAC, or his or her designee, the confession may be recorded in summary form. (b) When recording a confession, the recording should include an advice and waiver of Miranda rights, as well as a question and answer segment designed to demonstrate that the subject's statements are voluntary and not the product of coercion. (c) The subject may provide a complete confession in his or her own words. Alternatively, the FBI may obtain a confession using a question and answer format (if necessary, conducted through a translator). (ad) Statements may be recorded surreptitiously if approved by the SAC, or his or her designee. (See MIOG, Part 2, Section 10-10.10.) If a subject is aware of and objects to the use of an electronic recorder, the recorder should be turned off and the subject's objection should be made part of the interrogation log and FD-302. Before approving the surreptitious recording of the statements, SACs are urged to obtain the concurrence of the CDC or the appropriate OGC attorney. In accordance with the Attorney General procedures for consensual monitoring, |advice from the AUSA responsible for the investigation that the use of the technique is legal and appropriate|must also be obtained. (e) If the interviewing Agent electronically records the whole custodial interrogation session, he or-she may determine that a subsequent signed statement is not required. (See 7-12.1.) (f) Discussions that may transpire between the interviewee and his or her attorney should not be recorded. (g) The recordings must not be edited or altered, and the original tapes must be sealed in an FD-504a or FD-504b (Chain of Custody - ELSUR Evidence Envelope) and stored in such a manner as to ensure the chain of custody. , **EffDte: 04/04/2003 MCRT#: 1281 Div: D9 Cav: SecCls: 7-8.1 | Deleted] ‘SENSTTIVE_ Printed: 05/05/2004 13:08:54 Page 10