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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 _ eee Officers of the Customs Service have the right by statute to search without warrant and without placing under arrest aliens or citizens entering the United States. Should a Customs Officer lawfully conducting an investigation for customs purposes request the assistance or presence of an Agent, the presence of such Agent and his/her participation in questioning the individual being searched will not invalidate an otherwise lawful search or seizure. (See Bureau Bulletin #9 dated March 3, 1950.) **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cavs SecCls: |5-10.2| Diplomatic Personnel | (Formerly 5-9.2) | The policy of the FBI with reference to diplomatic or similar official personnel of foreign governments is that Agents will not request or conduct an examination or search of their baggage or other material under their control without first obtaining the permission of the State Department. Such permission may be requested when information is received that an individual assigned to the diplomatic staff of a foreign government is carrying material of importance to the national security of the United States. **Ef£Dte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: |5-10.3]| Non-Diplomatic Personnel | (Formerly 5-9.3) | The local office of the U.S. Customs Service should be requested to make the search of material of importance to the national security of the United States in the possession of persons who do not have any official status when Agents have a reasonable belief something of value will be ascertained. Agents may be present at such an examination in the capacity of observers only. **Eff£Dte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: |5-11| DIPLOMATIC IMMUNITY | (Formerly 5-10) | Agents may not enter the office or dwelling of diplomatic representatives of foreign governments for the purpose of making a search or seizure (see Section 3-12, Diplomatic Immunity). **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 5-11.1 |Moved to 5-12.1| Printed: 05/05/2004 13:08:54 Page 28