Office cinematic? and Roam-rd Operations

ll.S. Department of Homeland Security
500 12th Sheet, SW
T'tT'v'ashintgton, DC 20536

 

 

 

 

 

 

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31? U.S. 
ee- 1. and Customs
Enforcement
MEMORANDUM FOR: Field Office Directors JAN 19 2010
Deputy Field Office Directors
FROM: I I
Acting Director
(bli7l(C)i(bl(5l
SUBJECT: Documentation of Consent in Enter and Search

Puipose

This memorandum establishes guidance for Detention and Removal Operations officers
regarding documentation of consent to enter andi?or search a premise, or other constitutionally
protected location, when consent is required in accordance with the Fourth Amendment. The
Detention and Removal Operations mission promotes public safely and national security by ensuring
the departure of all removable aliens from the United States through the fair and effective
enforcement of the nation?s immigration laws. During the execution of this mission, officers often
possess only administrative arrest authorities pursuant to a Warrant for Arrest of Alien (1-200). As
such, officers will often find themselves in circumstances requiring informed, voluntary consent to
enter andi'or conduct a search of a residence, vehicle or other constitutionally protected location in
compliance with the Fourth Amendment.

Discussion

When consent is required, the officer asking for such consent shall document the name of the person
giving consent, the scope of the consent given, the time of day that the consent was given and other
relevant factors such as the identity of any other individuals that witness the granting of consent.
Additionally, officers should document the time the search was completed and, if consent is
withdrawn, the time of such withdrawal. This documentation shall be included in the Field
Operations Worksheet as soon as it is practical alter receiving consent. The FOW shall be
kept with other investigative case related materials for future reference. Also, if an arrest is made,
this information will be included in the narrative portion of the Record of Depoitable Alien (Form

1?213).

Additional inquiries, please contact the NFOP Unit Cinema (202) email

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