This is the intro and General Principles section of the A G's guildelines.}
As the primary criminal investigative agency in the federal government, the
FBI has the authority and responsibility to investigate all criminal
violations of federal law not exclusively assigned to another federal
agency. The FBI thus plays a central role in national law enforcement and
in the proper administration of justice in the United States.
Investigations by the FBI are premised upon the important duty of
government to protect the public against general crimes, against organized
criminal activity, and against those who would engage in political or
racial terrorism or would destroy our constitutional system through
criminal violence. At the same time, that duty must be performed with care
to protect individual rights and to insure that investigations are confined
to matters of legitimate law enforcement interest. The purpose of these
Guidelines, therefore, is to establish a consistent policy in such matters.
The Guidelines should encourage Agents of the FBI to perform their duties
with greater certainty, confidence and effectiveness. They should also give
the public a firm assurance that the FBI is acting properly under the law.
The Guidelines provide guidance for all investigations by the FBI of crimes
and crime-related activities. Investigations involving foreign
intelligence, foreign counter-intelligence and international terrorism
matters are the subject of separate guidelines. The standards and
requirements set forth herein govern the circumstances under which an
investigation may be begun, and the permissible scope, duration,
subject-matters, and objectives of an investigation. All investigations of
crime or crime-related activities shall be undertaken in accordance with
one or more of these Guidelines. Part I sets forth general principles that
apply to all investigations conducted under these Guidelines. Part II
governs investigations undertaken to detect, prevent and prosecute specific
violations of federal law. Part III A governs information concerning
enterprises which are engaged in racketeering activities involving
violence, extortion, narcotics or public corruption. Part III B governs
criminal intelligence investigations undertaken to obtain information
concerning enterprises which seek to achieve political or social change
through violence. These Guidelines are issued under the authority of the
Attorney General as provided in 28 U.S.C. 509, 510, and 533. I. General
Principles Preliminary inquiries and investigations governed by these
Guidelines are conducted for the purpose of preventing, detecting, or
prosecuting violations of federal law. They shall be conducted with as
little intrusion into the privacy of individuals as the needs of the
situation permit. All preliminary inquiries shall be conducted pursuant to
the General Crime Guidelines. There is no separate provision for a
preliminary inquiry under the Criminal Intelligence Guidelines. A
preliminary inquiry shall be promptly terminated when it becomes apparent
that a full investigation is not warranted. If, on the basis of information
discovered in the course of a preliminary inquiry, an investigation is
warranted, it may be conducted as a general crimes investigation, or a
criminal intelligence investigation, or both. All such investigations,
however, shall be based on a reasonable factual predicate and shall have a
valid law enforcement purpose. In its efforts to anticipate or prevent
crime, the FBI must at times initiate investigations in advance of criminal
conduct. It is important that such investigations not be based solely on
activities protected by the First Amendment or on the lawful exercise of
any other rights secured by the Constitution or laws of the United States.
When, however, statements advocate criminal activity or indicate an
apparent intent to engage in crime, particularly crimes of violence, an
investigation under these Guidelines may be warranted unless it is
apparent, from the circumstances or the context in which the statements are
made, that there is no prospect of harm. General crimes investigations and
criminal intelligence investigations shall be terminated when all logical
leads have been exhausted and no legitimate law enforcement interest
justifies their continuance. Nothing in these Guidelines is intended to
prohibit the FBI from collecting and maintaining publicly available
information consistent with the Privacy Act. Nothing in these Guidelines
prohibits the FBI from ascertaining the general scope and nature of
criminal activity in a particular location or sector of the economy. . . .
III B. Domestic Security/Terrorism Investigations This section focuses on
investigations of enterprises, other than those involved in international
terrorism, whose goals are to achieve political or social change through
activities that involve force or violence. Like racketeering enterprise
investigations, it is concerned with the investigation of entire
enterprises, rather than individual participants and specific criminal
acts, and authorizes investigations to determine the structure and scope of
the enterprise as well as the relationship of the members. 1. General
Authority a. A domestic security/terrorism investigation may be initiated
when the facts or circumstances reasonably indicate that two or more
persons are engaged in an enterprise for the purpose of furthering
political or social goals wholly in part through activites that involve
force or violence and a violation of the criminal laws of the United
States. The standard of "reasonable indication" is indentical to that
governing the investigation of a general crimes investigation under Part
II. In determining whether an investigation should be conducted, the FBI
shall consider all of the circumstances, including: (1) the magnitude of
the threatened harm; (2) the likelihood that it will occur; (3) the
immediacy of the threat; and (4) the danger to privacy and free expressions
posed by an investigation. . . . c. In the absence of any information
indicating planned violence by a group or enterprise, mere speculation that
force or violence might occur during the course of an otherwise peaceable
demonstration is not sufficient grounds for initiation of an investigation
under this section. . . . ----- Brought to you by - The 'Lectric Law
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