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Manl-ID: LHBSAXO LEGAL HANDBOOK FOR SPECIAL AGENTS APPENDIX f"™, APPENDIX 4. SELECTED FEDERAL CIRCUIT COURTS OF APPEALS CASES THAT ARE IN CONFLICT, IN WHOLE OR IN PART, WITH THE GENERAL RULES SET FORTH IN THIS HANDBOOK . xtpgepte: 05/01/1985 MCRT#: 0 Div: D9 Cav: SecCls: 4-1 SELECTED FEDERAL CIRCUIT COURTS OF APPEALS CASES THAT ARE IN CONFLICT, IN WHOLE OR IN PART, WITH THE GENERAL RULES SET FORTH IN THIS HANDBOOK SECTION 1. —- PROBABLE CAUSE (None) SECTION 2. —- AFFIDAVITS AND COMPLAINTS (None) SECTION 3. — ARRESTS (None) SECTION 4. —- INVESTIGATIVE DETENTION (None) SECTION 5. — SEARCH AND SEIZURE |Subsection 5-5, Emergency Searches: Second Circuit requires the government to have a "reasonable belief" (not a "reasonable oo . suspicion") that life or safety is in _— jeopardy before entering private premises under the emergency exception. See Kerman v. City of New York, 261 F.3d 229 (2nd Cir. 2001). | SECTION 6. —- EYEWITNESS IDENTIFICATION (None) SECTION 7. — CONFESSIONS AND INTERROGATIONS Subsection 7-4.1 (2), Refusal to Sign FD-395 Attention: Ninth Circuit Offices and all offices obtaining confessions that could be used in criminal proceedings in the Ninth Circuit: The Ninth Circuit requires the following in the interrogation of a person who has been advised of his/her Miranda rights as contained on an FD-395, and who has declined to sign the waiver on the FD-395: (1) that the person being interviewed understands those rights and is willing to answer questions; (2) that the person must be clearly informed that the failure to sign the waiver does not prevent the statements made from being used against that person. See, U.S. v. Heldt, 745 F.2d a 1275 (9th Cir. 1984). SECTION 8. —- INFORMANTS AND ENTRAPMENT (None) __SENSTTOVE_ ne Printed: 05/05/2004 13:08:54 Page 1