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?18 Domestic Investigations and Operations Guide

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approval. (Note: Thel Iapproval standard, renewable for additional is b7E


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18.5 3.3.4.1 APPROVAL REQUIREMENTS

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objective for its use and be approved by an ASAC. The request and approval must be

documented IGuardian, an BC, or other appropriate

form and serialized into the appropriate investigative file. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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The request and approval documentation for the use of]
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Domestic Investigations and Operations Guide ?18

18.7.1.3 (U) DEFINITION OF INVESTIGATIVE METHOD

(U) Physical Search de?ned: A physical search constitutes any physical intrusion within the
United States into premises or property (including examination of the interior of property by
technical means) that is intended to result in the seizure, reproduction, inspection, or alteration
of information, material, or property, under circumstances in which a person has a reasonable
expectation of privacy.

(U) A physical search requiring a warrant does not include: electronic surveillance as
de?ned in FISA or Title or (ii) the acquisition by the United States Government of foreign
intelligence information from international foreign communications, or foreign intelligence
activities conducted according to otherwise applicable federal law involving a foreign
electronic communications system, using a means other. than electronic surveillance as
de?ned in FISA.

1 8.7. 1.3.1 (U) REQUIREMENT FOR REASONA BLENESS

(U) By the terms of the Fourth Amendment, a search must be reasonable at its inception and
reasonable in its execution. Whether a search meets Fourth Amendment standards will depend
on the justi?cation for the search and the scope of the search conducted. In all investigations,
FBI employees must be prepared to articulate the basis for the search and the manner in which
it was conducted.

1 8. 7.1.3.2 (U) REASONABLE EXPECTATION OF PRIVACY

(U) The right of privacy is a personal right, not a property concept. It safeguards whatever an
individual reasonably expects to be private. The protection normally includes persons,
residences, vehicles, other personal property, private conversations, private papers and
records. The Supreme Court has determined that there is no reasonable expectation of privacy
in certain areas or information. As a result, government intrusions into those areas do not
constitute a search and, thus, do not have to meet the requirements of the Fourth Amendment.
These areas include: open ?elds; (ii) prison cells; public access areas; and (iv) vehicle
identi?cation numbers. The Supreme Court has also determined that certain governmental
practices do not involve an intrusion into a reasonable expectation of privacy and, therefore,
do not amount to a search. These practices include: aerial surveillance conducted from
navigable airspace; (ii) ?eld test of suspected controlled substance; and odor detection. A
reasonable expectation of privacy may be terminated by an individual taking steps to
voluntarily relinquish the expectation of privacy, such as abandoning property or setting trash
at the edge of the curtilage or beyond for collection.

1 8. 7.1.3.3 (U) ISSUANCE OF SEARCH WARRANT

(U) Under FRCP Rule 41, upon the request of a federal law enforcement of?cer or an attorney
for the government, a search warrant may be issued by:

A) (U) a federal magistrate judge, or if none is reasonably available, a judge of a state court of
record within the federal district, for a search of property or for a person within the district;

B) (U) a federal magistrate judge for a search of property or for a person either within or outside
the district if the property or person is. within the district when the warrant is sought but might
move outside the district before the warrant is executed; I

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