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1904

Guidelines For INS Undercover Operations—Part 6. Emergency Authorization

    6. Emergency Authorization

    Notwithstanding any other provision of these guidelines, any District Director or Chief Patrol Agent who reasonably determines that:

    1. an emergency situation exists, requiring the establishment, extension, renewal, or modification of an undercover operation before an authorization mandated by these guidelines can with due diligence be obtained, in order to protect life or substantial property, to apprehend or identify a fleeing offender, to prevent the hiding or destruction of essential evidence, or to avoid other grave harm; and

    2. there are grounds upon which authorization could be obtained under these guidelines, may approve the establishment, extension, renewal, or modification of an undercover operation provided that a written application is submitted in accord with the appropriate review procedures established elsewhere in these guidelines within 48 hours after the undercover operation has been established, extended, renewed, or modified.

      In such an emergency situation, the District Director or Chief Patrol Agent shall attempt to consult by telephone with the United States Attorney or Strike Force Chief. If the proposed operation involves a sensitive circumstance specified in paragraph A, above, the District Director or Chief Patrol Agent shall also attempt to consult by telephone with the Associate Commissioner for Enforcement, and the Central Office shall promptly inform the Department of Justice members of the Undercover Operations Review Committee of the operation if emergency authorization is granted. In the event that the subsequent written application for approval of an undercover operation involving a sensitive circumstance is denied, a full report of all activity undertaken during the course of the operation shall be submitted to the Commissioner who shall inform the Deputy Attorney General.