Legal Handbook for Special Agents

ALIS INFORMATION CONTAINED
FIRE IN IS siCLAS ti IFIED
. DATE 12-07-2009 BY 65179 D77: is .
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FEDERAL BUREAU OF INVESTIGATION
• United States Department of Justice .
LEGAL HANDBOOK FOR SPECIAL AGENTS
(LHBSA)
Reissued June,,1994,
(Original issue April 28, 1978) -
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,SECTION 7 CONFESSIONS 'AND
INTERROGATIONS
**EffDte: 04/28/1978 MCRT#: 0 Div: D9 Cav: SecCls:
7 -1 IN GENERAL (See MIOG, Part 2, Section 7.) •
The most important limitations on the admissibility of an
accused's incriminating statements are the requirements that they be -
voluntary; that they be obtained without the government resorting to
outrageous behaviordand that they be obtained without violating the
accused's right to remain silent or to have a lawyer present.
**EffDte: 07/26/1999 MCRT#: 915 Div: D9
7 - 2 • .VOLUNTARINESS
Cav: SecCls:
A conviction based on an involuntary statement, without •
regard, to its truth or falsity, is a denial of the accused's right•to
I due process of. la, w.' lAlcoerc..e..d, confessio...n_ wzi.l--l- _ undermine the ..___ _...... legitimacy of,a. CoriVictiOE._ .
**EffDte: 07/26/1.999 MCRT#: 915 Diy: D9' Cav: SecCls:
7 -2.1 • Policy (See MIOG, Part 2,. 7 - 2.1.)
(1) 'It is the policy of the FBI that no•attempt be made
to obtain a statement by force, threats, or promises. - Whether an
accused or suspect will cooperate is left entirely to the individual.
lIf after being advised of his/her rights, an in-custody suspect . '
indicates that he/she wishes to remain silent or that he/she wishes an •
atorney, al interogation must cease athatime. Agents are
reminded, however, that certain questions, such as standard booking
questions and public safety questions, do not amount, to interrogation
for purposes of Miranda., (See LHBSA,Part
(2) During an interview with a witness, • suspect, or
subject, Agents should under no circumstances state or imply that
public sentiment- or hostility exists toward such person. If,• during
an interview with a witness, suspect, or subject, questions are raised
by such persons or if anything transpires which gives reasonable
grounds to believe that subsequently such questions or incident may be
used by someone in an effort to place an Agent or the FBI in•an
unfavorable light, an electronic communication regarding such
questions or incident should be immediately prepared for the'SAC. The
SAC is responsible for promptly advising FBIHQ and the USA of such
questions or incident and FBIHQ, must be promptly informed of all
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developments.
**EffDte: 07/26/1999 MCRT#: 915 Div:, D9 Cav: •SecCls:
1 . 7-2.2 'Factors Affecting Voluntariness (Formerly 7-2.3)
(1) Courts use a "totality of circumstances" test when
determining the voluntariness of an accused's statement .. Although it
is not possible to predict in every case whether a court will find,
under all the circumstances presented, that the statement was a
product ofthe accused's free will or a product of coercion, there are
predictable factors that a court will examine in making its
.determination. Those factors include the following:
(a)' Notification of charges;
(b) Age, intelligence, and experience of the
(c) Physical condition of the accused;
(d) Physical abuse, threats Of abuse, use of
weapons, number of officers present;
(e) Threats and psychological pressure;
(f) Privation: food,, sleep, medication;
(g) Isolation, incommunicado interrogation;
(h) Duration of questioning;
(i) Trickery, ruse, deception;
(j) Advice of rights; and
(k) ProMises of leniency or other inducementS•
'(2) It must be . kept in mind that the above factors are'
merely illustrative. The presence of any one or more of the factors
mentioned above will not necessarily make a statement invollintary.1
"EffDte:. 07/26/1999 MCRT#: 915 Div: D9' Cav: SecCls:
, I 7 - 2.3 'Moved to .7 - 2.21
**EffDte: 07/26/1999 MCRTf: 915 Div: D9 Cav: SecCls:
7 - 3 -- WARICMG,OF RIGHTS
**EffDte: 04/28/1978 MCRT#:'0 Div: D9 Cav: SecCls:
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