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Manl-ID: LHBSAP1] LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 A written confession in any case involving two or more subjects who may be tried jointly shall be prepared in a manner relating all details of the offense as furnished by the confessor; in addition, it shall contain a paragraph inserted between the introductory statement (showing identity of interviewing Agents and nature of the inquiry) and the opening paragraph of the full details. This paragraph shall contain only those admissions of the confessor which relate solely to his/her|guilt. If the confessor refuses to take the witness stand at a subsequent|joint trial, only that portion of the statement|that|incriminates the confessor would be offered in evidence without prejudice to any rights of the codefendants. |I£, however, the confessor takes the witness stand during a joint trial or at|separate trials, the entire statement |would|be|admissible|against the|confessor and all codefendants.| Alternatively, two separate statements can be prepared, one relating all details of the offense as furnished by the confessor, and the other containing only admissions of the confessor which relate solely to his/her guilt. **EfEDte: 01/30/1997 MCRT#: 583 Div: D9 Cav: SecCls: 7-13 RETENTION OF INTERVIEW NOTES (See MAOP, Part II, 10-12, and MIOG, Part II, Section 6-1.4.9.) In any interview of a subject, suspect, or witness, where preparation of an FD-302 is required, that is, where the results of the interview may become the subject of court testimony, the original handwritten notes of the Agent conducting the questioning are to be retained in the 1A Section of the case file. The retention of notes is required whether the person interviewed is in custody or not. **EfEDte: 06/29/1981 MCRT#: 0 Div: D9 Cav: SecCls: 7-14 | IDENTITY OF INTERVIEWING AGENTS (See MIOG, Part 2, 7-1.) (Formerly 7-17) Credentials shall be exhibited to all persons interviewed by Special Agents so there will be no doubt concerning the organization with which they are connected. In addition, when interviewing persons in the custody of other authorities, for whom a federal warrant is outstanding, Agents must advise them of the offense charged in the warrant. It is not necessary to explain the charges in detail. The language of the offense contained in the warrant is sufficient. | **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 7-15 INTERVIEWS IN FOREIGN COUNTRIES (See MIOG, Part ITI, Printed: 05/05/2004 13:08:54 Page 18