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Supreme Court — Part 7
Page 36
36 / 107
March 10, 1943
Re: Arrest, Detention and Interrogation
of Persons in Cases Handied by the
Federal Bureau of Investigetion
The purpose of this memrandum ie to set forth the rules, regulations
and practices of the Federal Bureau of Investigation in the arrest, detention
and interrogation of persis involved in ericinal investigations,
ARREST
i, With warrants outstanding.
Special agents of the Federal Bureau of Investigation are expowered
by Section 300A, Title 5, United States Code, to serve warrants of arrest
issued under the authority of the United States. Sections 2A and 28 of the
Official vanual of Instructions of the Federal Bureau of Investigation, in
the possession of all Special Agents, quote the above nentloned statute and
provide by way of policy that in ordinary cases the warrants of arrest are
actually served by the United States Marshal after the subject has been located
by FBI Agents. In sore situations where a representative of the United
States Varsrhal ies not readily available Special Agents of the FBI actually
arrest the subjects under the power granted in the above mentioned statute.
In other instances loml police authorities place the persons for whou warrants
of arrest in FBI cases have been isaued in State eustedy until a United States
Marshal is available.
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2. Without warrants
re el
Special Agente of the Federal Bureau of Investigation are enpowered
by Section 300A, Title 5, United States Code, to make arrests without warrants
for Federal felonies in cases where the Agent has reasonable grounfi to believe
the person arrested is guilty and where there is a likelihood of his escaping
hefore a warrant can bea obtained,
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The policy and practice of the FBI in securing the eustody of persons
against whom no warrant has been issued when the requirements of Section 300A,
Title 5, United States Code, are met dexand that where local authorities are
requested to make the actual apprehension Federal prosecution must nave. been
previously authorised by the United States Attorney. If a Special Agent is
to make the actoal apprehension himself he must obtein prior euthority fron
Bureau headquarters unless an emergency situation exists requiring instan-
tnnanue antian_
ae 2S Ly we ewe
Ca
The above require.ents are set fort’. in Section ac of the official
anual of instructions.
PUNE DESTROYED
or . . - 1 - . - _ # »
liwov 6 1964 Ga FE Ds tye por
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