§ 1047.5. Exercise of arrest authority—general guidelines.
261 words·~1 min read·
/us/cfr/t10/s§ 1047.5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In making an arrest, the protective force officer should announce his or her authority (e.g., “Security Officer”) and that the person is under arrest prior to taking the person into custody. If the circumstances are such that making such announcements would be useless or dangerous to the officer or others, the protective force officer may dispense with these announcements.
(b)The protective force officer at the time and place of arrest may search any arrested person for weapons and criminal evidence and the area into which the arrested person might reach for a weapon or to destroy evidence. Guidance on the proper conduct and limitations in scope of search and seizure of evidence shall be obtained from the local DOE Office of Chief Counsel, in coordination with contractor legal counsel, as appropriate.
(c)After the arrest is effected, the arrested person shall be advised of his or her constitutional right against self-incrimination (Miranda warnings). If the circumstances are such that making such advisement is dangerous to the officer or others, this requirement may be postponed until the immediate danger has passed.
(d)Custody of the person arrested should be transferred to other federal law enforcement personnel (i.e., U.S. Marshals or FBI agents) or to LLEA personnel, as appropriate, as soon as practicable. The arrested person should not be questioned or required to sign written statements unless:
(1)Questioning is necessary for security or safety reasons (e.g., questioning to locate a bomb), or
(2)Questioning is authorized by other federal law enforcement personnel or LLEA officers responsible for investigating the crime.