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Legal Handbook for FBI Special Agents — Part 2
Page 114
114 / 147
Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1
a
Sections 7, 23-4.4, and 23-8.2 (9) .)
Persons interviewed by Agents while in police custody in a
foreign country must be given the usual warning of rights under
American Federal law as fully as possible. Before conducting an
interview with a foreign police officer present, the Agent must
determine from the officer whether the standard FBI warning may be
given. If the foreign officer has no objection, the standard FBI
warning should be given (see Section 7-3.3). I£ the foreign officer
objects, feeling that the FBI warning is not consistent with the law
of his/her country and might work unfavorably on prosecution of the
subject there, the Agent should request the officer to give the
warning as required by the law of his/her country. The wording of
this warning, and the time and circumstances of the giving of it,
should be recorded. If the Agent is later allowed to take a written
statement for FBI purposes only, the Agent should write in it the
standard FBI warning.
*x*EFEDte: 03/16/1987 MCRT#: 0 Div: D9 Cav: SecCls:
7-16 APPEARANCE BEFORE U.S. MAGISTRATE
Interviews with persons under arrest must be in a manner
that will not unnecessarily delay their appearance before a U.S.
Magistrate (see Section 3-5, Prompt Appearance Before Magistrate).
x*kEFEDte: 03/16/1987 MCRT#: 0 Div: D9 Cav: SecCls:
7-17 |MOVED TO 7-14|
**EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
|7-18| REMOVAL OF PRISONER FROM CUSTODY OF U.S. MARSHAL
(1) Removal of a prisoner from the U.S. Marshal's custody
for interviews when necessary by Agents requires authority of the SAC,
and a certification in writing to the U.S. Marshal that a prisoner
awaiting trial cannot properly or conveniently be interviewed at the
place of detention, that the public interest requires a temporary
removal therefrom, and a request in writing that such prisoner
awaiting trial be brought from the place of confinement to the office
of the FBI in the same city. In such case, the prisoner must be
returned to the place of detention within twenty-four hours
after|his/her | removal therefrom. Such interviews should be conducted
only when absolutely necessary and every precaution should be
exercised in safeguarding such prisoners interviewed in field offices.
SENET
Printed: 05/05/2004 13:08:54 Page 19
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