A Message from Peter T. Edge, Deputy Executive Associate Director

To all Special Agents-in-Charge

April 10, 2013

ICE Training and Policy Statement

It is important to comply with existing law and policy regarding the conduct of law
enforcement operations. This memorandum addresses three particular aspects of enforcement
operations that of?cers and agents should keep in mind.

First, all ICE officers and agents are reminded that in consent-based home operations, they
cannot enter the cartilage or areas around a home where there is a reasonable expectation of
privacy, unless they obtain consent to do so. This is consistent with ICE's policies as well as the
training that federal of?cers and agents receive at FLETC. Attached for your reference is a
sample FLETC lesson plan explaining the concept of "cartilage," which is defined as private
property where one has a reasonable expectation of privacy (for example, a backyard surrounded
by a six-foot privacy fence).

Second, officers and agents are reminded that, in accordance with the Supreme Court?s decision
in Maryland v. Buie, protective sweeps are permitted only where there is a reasonable,
articulable suspicion of danger, and protective sweeps cannot be conducted upon entry of a home
without such reasonable, articulable suspicion. As above, this is a generally applicable rule that
applies not only to ICE, but to all federal of?cers and agents. For your reference, attached is a
portion of the Search and Seizure Handbook dated August 18, 2010 that discusses not only
protective sweeps, but also cartilage and other Fourth Amendment issues such as the scope of
consent and the reasonable expectation of privacy.

Third, officers and agents are reminded that consent to enter or search a private residence must
be sought in language understood by the resident of the residence granting consent whenever
feasible, and one or more Spanish-speaking of?cers must be available to seek such consent
where the target is thought to be from a Spanish?speaking country. Additionally, for consent-
based home operations, ICE makes reasonable efforts to make available an agent or officer
pro?cient in the language Spoken by the target. Thus, the documentation for the operation
should reflect the language used in seeking to obtain consent.