[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: 10CFR1049.5]



[Page 948]

 

                            TITLE 10--ENERGY

 

          CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS)

 

PART 1049_LIMITED ARREST AUTHORITY AND USE OF FORCE BY PROTECTIVE 

FORCE OFFICERS OF THE STRATEGIC PETROLEUM RESERVE--Table of Contents

 

Sec. 1049.5  Exercise of arrest authority--General guidelines.



    (a) In making an arrest, and before taking a person into custody, 

the Protective Force Officer should:

    (1) Announce the Protective Force Officer's authority (e.g., by 

identifying himself as an SPR Protective Force Officer);

    (2) State that the suspect is under arrest; and

    (3) Inform the suspect of the crime for which the suspect is being 

arrested. If the circumstances are such that making these announcements 

would be useless or dangerous to the Officer or to another person, the 

Protective Force Officer may dispense with these announcements.

    (b) At the time and place of arrest, the Protective Force Officer 

may search the person arrested for weapons and criminal evidence, and 

may search the area into which the person arrested might reach to obtain 

a weapon to destroy evidence.

    (c) After the arrest is effected, the person arrested shall be 

advised of his constitutional right against self-incrimination 

(``Miranda warnings''). If the circumstances are such that immediately 

advising the person arrested of this right would result in imminent 

danger to the Officer or other persons, the Protective Force Officer may 

postpone this requirement. The person arrested shall be advised of this 

right as soon as practicable after the imminent danger has passed.

    (d) As soon as practicable after the arrest is effected, custody of 

the person arrested should be transferred to other Federal law 

enforcement personnel (e.g., U.S. Marshals or FBI agents) or to local 

law enforcement personnel, as appropriate, in order to ensure that the 

person is brought before a magistrate without unnecessary delay.

    (e) Ordinarily, the person arrested shall not be questioned or 

required to sign written statements unless such questioning is:

    (1) Necessary to establish the identity of the person arrested and 

the purpose for which such person is within or upon the SPR;

    (2) Necessary to avert an immediate threat to security or safety 

(e.g., to locate a bomb); or

    (3) Authorized by other Federal law enforcement personnel or local 

law enforcement personnel responsible for investigating the alleged 

crime.