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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 \ — suspect's premises to arrest, Agents must obtain consent to enter, an emergency ("hot pursuit") justifying a warrantless entry must exist, or the Agents must obtain an arrest warrant and have probable cause that the suspect is in the premises. For establishing whether it is the suspect's premises, it should be noted that an apartment, or a hotel, motel, or boardinghouse room becomes the principal residence of the person renting or leasing such premises. Thus, entry to arrest the suspect would constitute entry into the suspect's premises if it is the hotel, motel or other room he/she is renting. Similarly, if the suspect is not named on, the lease or rental agreement, the premises may still be regarded as the suspect's premises if the suspect occupies the premises jointly with another. For example, a hotel room shared by the suspect with another but where the suspect is not named on the hotel register is to be treated as the suspect's premises. | , (3) |Third Party Premises — in order to enter lawfully a third party's premises in order to arrest a defendant, Agents must have consent to enter, or an emergency ("hot pursuit") justifying a warrantless entry must exist, or the Agents must obtain a search warrant particularly describing the person to be arrested and the premises to be entered. For the purpose of. such an entry, third party premises should be construed to be any private premises which are not the principal residence of the person to be arrested. For example, a search warrant would be necessary in circumstances where the person to be arrested is an overnight guest, casual visitor, or temporary caller at the premises of the third party. The entry to arrest, whether with an arrest warrant, search warrant, or exigent circumstances, must be based on facts amounting to probable cause to believe the suspect to be arrested is within the described premises. | (See MIOG, Part l, 42-4.2.1 and Part 2, 21-13.4.) (4) |Exigent Circumstances ~ examples of exigent circumstances which might justify entry to premises to make a warrantless arrest or an entry into third party premises without a search warrant are a reasonable belief that the subject will flee before a warrant is obtained, a substantial likelihood that the subject will dispose of evidence before a warrant is obtained, and an increased danger to Agents or others as a result of the delay to obtain a warrant. *k*EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 3-8 SEARCH INCIDENTAL TO ARREST See Section|5-6|of this handbook (Search Incidental to Arrest). **EEEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: ; com7” 3-9 MEDICAL ATTENTION FOR ARRESTEES (See MIOG, Part 2, |11-1.2 and|11-2.3.2.) r : EE | Printed: 05/05/2004 13:08:54 Page 11