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Supreme Court — Part 7

107 pages · May 11, 2026 · Document date: Feb 22, 1937 · Broad topic: General · Topic: Supreme Court · 106 pages OCR'd
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QUESTIOVWING OF Fins iS When it is desired to question @ person in @ case at a Federal Bureau of Investiation Field Office, that person is invited to the Field Office, This questioning is based on his woluntary presence. Where he is to be question- ed more than a reasonable length of time he is requested to sign a written consent to remain in the field office or the place of questioning. Since this is a purely voluntery arrangement on the part of the person questioned and the circunstances vary in almost every situation, the fora of consent varies. In all instances, however, the form of consent includes a statement that it is voluntarily given without threats, promises or duress of any kind. If the person being questioned voluntarily agrees to remain in a Bureau Field Office while outside investigation is being conducted as a result of information obtained from hin, there is no general limitation of the length of time he may agree to renain. . PROCFDURE FOLLOWED NHERE PRISONLR S_UNDER ARREST INS FBI CUSTODY i le Untwersal Rule ~ The prisoner ie alvays imncdiately taken before the marest United States Comnissioner for arraignzent. Imrediately, according to Nepartnental interpretation trangaitted to this Bureau, neans the earliest practicable time when a United States Comnissioner is available. Yor example, if a prisoner is arrested after the nearest office of the United States Commissioner is closed for the day or the weekend, immediately ic taken to mean during the morning of the next business day. 2. Exception The only exception to taking s prisdéner before a United States Commissioner immediately, which is allowed by the rules of the FBI, is when & waiver of his right to damediate arraignment has been voluntarily given in writing. The rules of the FBI require prior approval from headquarters in Washington before a Special Agent may invoke this exception. There are two situations when such a waiver may be obtained.’ One ie where the prismer is to be removed to another judicial district. The other is where the prisoner waives immediate arraignzuent in the dibtrict of prose- cution,. {a) Approved “aiver forms for Revoval There are two waiver forss officially issued by the FBI headquarters for use in the field when it ts desired to defer the arraignnent of a prisoner subject to removal. These two forns have been approved by the Tepartment ani will be briefly discussed and attacked hereto as exhibits. - 2 =
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