If the interviewee is informed that the interview will be recorded and indicates that he or she is willing to give a statement but only if it is not electronically recorded, then a recording need not take place. Such documentation shall be made available to the United States Attorney and should be reviewed in connection with a periodic assessment of this policy by the United States Attorney and the Special Agent in Charge or their designees. A decision not to record any interview that would otherwise presumptively be recorded under this policy must be documented by the agent as soon as practicable. Covert recording in fulfilling the requirement of this policy may be carried out without constraint by the procedures and approval requirements prescribed by other Department policies for consensual monitoring. Covert recording constitutes consensual monitoring, which is allowed by federal law. Recording under this policy may be covert or overt. Electronic recording will begin as soon as the subject enters the interview area or room and will continue until the interview is completed. The presumption applies to interviews in connection with all federal crimes. The presumption applies to persons in custody in a place of detention with suitable recording equipment following arrest but who have not yet made an initial appearance before a judicial officer under Federal Rule of Criminal Procedure 5. With respect to an interview by FBI, DEA, ATF, or USMS in a place of detention they do not own or control, but which has recording equipment, FBI, DEA, ATF, or USMS will each determine on a case by case basis whether that recording equipment meets or is equivalent to that agency’s own requirements or is otherwise suitable for use in recording interviews for purposes of this policy. Each agency will draft its own policy governing placement, maintenance and upkeep of such equipment, as well as requirements for preservation and transfer of recorded content. (ii) is reasonably designed to capture electronically the entirety of the interview. (i) an electronic recording device deemed suitable by the agency for the recording of interviews that, With respect to a place of detention owned or controlled by FBI, DEA, ATF, or USMS, suitable recording equipment means: The presumption is limited to a place of detention that has suitable recording equipment. Recording under this policy is not required while a person is waiting for transportation, or is en route, to a place of detention. This includes not only federal facilities, but also any state, local, or tribal law enforcement facility, office, correctional or detention facility, jail, police or sheriff=s station, holding cell, or other structure used for such purpose. A place of detention is any structure where persons are held in connection with federal criminal charges where those persons can be interviewed. Interviews in non-custodial settings are excluded from the presumption. The presumption applies only to interviews of persons in FBI, DEA, ATF or USMS custody. When video recording equipment considered suitable under agency policy is not available, audio recording may be utilized. This policy strongly encourages the use of video recording to satisfy the presumption. Such custodial interviews will be recorded without the need for supervisory approval. There is a presumption that the custodial statement of an individual in a place of detention with suitable recording equipment, following arrest but prior to initial appearance, will be electronically recorded, subject to the exceptions defined below. The policy encourages agents and prosecutors to consult with each other in such circumstances. This policy also encourages agents and prosecutors to consider electronic recording in investigative or other circumstances where the presumption does not apply. This policy establishes a presumption that the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and the United States Marshall Service (USMS) will electronically records statements made by individuals in their custody in the circumstances set forth below. § 2705(b)Īccess to and Disclosure of Financial RecordsĪccess to and Disclosures of Tax Returns in a Non-tax Criminal Caseĩ-13.001 - Electronic Recording of Statements Obtaining Evidence Abroad-General Considerationsįorfeiture of Assets Located in Foreign CountriesĬosts Relating to International Legal AssistanceĪpplications for Protective Orders Pursuant to 18 U.S.C. Searches of Premises of Subject Attorneys
#DEA500 MANUAL TRIAL#
Guidelines for Issuing Grand Jury or Trial Subpoena to Attorneys for Information Relating to the Representation of Clients Obtaining Information From, or Records of, Members of the News Media and Questioning, Arresting, or Charging Members of the News Media Use of Body-Worn Cameras by Task Force Officers