- Agents may carry firearms as designated by the Director.
- Agents may make arrests
- Agents may bypass a warrant and use their search, entrance or seizure powers, under any one of the following circumstances:
- The individual consents to the action, waiving their right voluntarily;
- If illegal property was in plain view, feel or smell when the Agent was in that location lawfully;
- If Agents are in hot pursuit of a fleeing suspect, and aforementioned suspect enters private property;
- If Agents have probable cause that there is an imminent threat of evidence destruction;
- If Agents reasonably believe a person is seriously injured, in imminent danger, or facing an imminent threat to their life or safety;
- If Agents make a lawful arrest, they may search the arrestee and the area under their immediate control;
- If Agents have probable cause a mobile vehicle contains illegal property;
- If Agents legally impound property;
- If Agents are conducting routine searches at international borders of entry; and
- If Agents reasonably believe the property is abandoned.
- Agents may bypass a warrant and use their arrest powers under any one of the following circumstances:
- The violation of law occurred in the presence of the Agent;
- The Agent has probable cause that the suspect had committed a felony, and the arrest is made in public, and not within the residence of the suspect;
- The Agent is in hot pursuit of a suspect and they have probable cause that the suspect had committed a felony;
- The Agent has probable cause that the suspect had committed a violation of law, and that the suspect poses an imminent threat to evidence.
- The Agent has probable cause that the suspect had committed a violation of law, poses an imminent threat to the safety or life of themselves or others.
- The Agent has probable cause that the suspect had committed a felony, and the owner of the private property consents to execute the arrest based on probable cause; and
- The Agent has probable cause that a parolee had committed a violation of law.
- Agents may and use their detention powers to detain a suspect under any one of the following circumstances:
- The Agent has a reasonable and articulatable suspicion, based on specific, objective facts and rational inferences, that a violation of the law has recently occurred, is occurring, or about to occur;
- The Agent is lawfully searching, entering or seizing property, either executing a warrant or exercising their right to bypass a warrant under Paragraph (c) of this Section;
- The Agent has a reasonable and articulatable suspicion, based on specific, objective facts and rational inferences, that the suspect poses an imminent threat to the safety or life of themselves or others;
- The Agent is lawfully arresting a suspect within a property, vehicle or other contained area, either executing a warrant or exercising their right to bypass a warrant under Paragraph (4) of this Section, and other people are found within the area;
- Traffic Stops, Border Checkpoints or Checkpoint Stops may be used to temporarily detain any person if the Agent has a reasonable and articulatable suspicion, based on specific, objective facts and rational inferences, that the person had committed a violation of the law, whether it be traffic laws, customs laws, or any other federal law; and
- The detention is part of routine parole checks.
- Detentions must be temporary and last no longer than to effectuate the purpose of the detention.
- The KBI, and under the Director’s purview, Agents, may seek warrants from any court of law, including but not limited to—
- Search Warrants;
- Arrest Warrants;
- Seizure Warrants;
- Delayed-Notice Search Warrants;
- Tracking Warrants; and
- Any other lawful warrant granted by a court of law.
- Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any proceeding in or before any court if the collection of that information was in violation of this Act.
- The Director may authorize an application to a Federal judge, and such judge may grant in conformity with this Act an order authorizing or approving the interception of wire or oral communications by the KBI, when the KBI has provided probable cause that—
- The Suspect has violated federal law, or that the wiretap may provide probable cause of such;
- Conventional investigative techniques are less likely to succeed than a wiretap; and
- The wiretap is relevant to the violation or suspected violation of law.
- Such a warrant authorised pursuant to Paragraph (9) of this Section shall be styled a “Wiretap Warrant”.
- Wiretaps warrants may be granted ex parte and shall not require notifying the suspect.
- The Director may authorize an application to a Federal judge, and such judge may grant in conformity with this Act an order authorizing or approving any warrant or wiretap under Paragraphs (8) and (9) of this Section, and any other action by the KBI, when the KBI has provided probable cause that—
- The person in question is an agent of or is a foreign power, including but not limited to spies and terrorists; and
- The primary purpose of such a warrant is intelligence gathering on foreign actions within the Republic.
- Such a warrant authorised pursuant to Paragraph (12) of this Section shall be styled a “Foreign Surveillance Warrant”.
- Foreign Surveillance Warrants shall not require notifying the person in question, time limits, specific individuals.
- All processes regarding the request and approval or refusal of Foreign Surveillance Warrants shall be confidential and ex parte.
Section History
Added: [Stat. 26-49, Kramerian Bureau of Investigation Act](https://krameriacode.notion.site/Stat-26-49-Kramerian-Bureau-of-Investigation-Act-39ea13f08d6b80f6bdf8dbdcf2e6461c)
Other Notes
Precedent. Held unconstitutional in Classical Rick v. Krameria, CV-04