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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 Following arrest, the person in custody should be brought to the nearest FBI office for fingerprinting, photographing, and interview, where appropriate. Police departments or sheriffs' offices may be used for this purpose where FBI facilities are not available. This "booking" process generally should not exceed six hours, measured from the time of arrest to the time of arrival before the magistrate. **EFEDte: 06/19/1992 MCRT#: 0 Div: D9 Cav: SecCls: 3-5.4 Necessary Delay If the delay in bringing an arrested person before the magistrate is greater than six hours, the government has the burden of proving the delay was not unreasonable, if a confession obtained after six hours is to be admissible. |Factors which could contribute to a reasonable delay are the means of transportation and the distance to be traveled to the nearest available magistrate. x*EEEDte: 01/30/1997 MCRT#: 583 Div: D9 Cav: SecCls: 3-6 USE OF FORCE| (See MI0G, Part 2, 11-1.1.) | **EFEDte: 12/28/2001 MCRT#: 1164 Div: D9 Cav: SecCls: 3-6.1 Identification A person to be arrested should be aware of the intention of the arresting Agent to deprive him/her of his/her liberty by legal authority. Therefore, it is the responsibility of the arresting Agent to identify himself/herself, before effecting the arrest, in a clear, audible voice, as a Special Agent of the FBI. *x*EFEDte: 06/19/1992 MCRT#: 0 Div: D9 Cav: SecCls: 3-6.2 Physical Force Agents are permitted to use that amount of physical force reasonable and necessary to impose custody and overcome all resistance, and to ensure the safety of the arresting Agents, the arrestee, and others in the vicinity of the arrest. *x*EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 3-6.3 Restraining Devices Printed: 05/05/2004 13:08:54 Page 7