[Code of Federal Regulations]

[Title 10, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 10CFR1047.5]



[Page 944-945]

 

                            TITLE 10--ENERGY

 

          CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS)

 

PART 1047_LIMITED ARREST AUTHORITY AND USE OF FORCE BY PROTECTIVE FORCE 

OFFICERS--Table of Contents

 

Sec. 1047.5  Exercise of arrest authority--general guidelines.



    (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



[[Page 945]]



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.