(2) An immigration officer may not enter into the non-public areas of a business, a residence including the curtilage of such residence, or a farm or other outdoor agricultural operation, except as provided in section 287(a)(3) of the Act, for the purpose of questioning the occupants or employees concerning their right to be or remain in the United States unless the officer has either a warrant or the consent of the owner or other person in control of the site to be inspected. When consent to enter is given, the immigration officer must note on the officer’s report that consent was given and, if possible, by whom consent was given. If the immigration officer is denied access to conduct a site inspection, a warrant may be obtained.
(3) Adequate records must be maintained noting the results of every site inspection, including those where no illegal aliens are located.
(4) Nothing in this section prohibits an immigration officer from entering into any area of a business or other activity to which the general public has access or onto open fields that are not farms or other outdoor agricultural operations without a warrant, consent, or any particularized suspicion in order to question any person whom the officer believes to be an alien concerning his or her right to be or remain in the United States.
Sec. 287.9 Criminal search warrant and firearms policies. (Section added 8/17/95- 59 FR 42406)
(a) A search warrant should be obtained prior to conducting a search in a criminal investigation unless a specific exception to the warrant requirement is authorized by statute or recognized by the courts. Such exceptions may include, for example, the consent of the person to be searched, exigent circumstances, searches incident to a lawful arrest, and border searches. The Commissioner shall promulgate guidelines governing officers’ conduct relating to search and seizure.
(b) In using a firearm, an officer shall adhere to the standard of conduct set forth in § 287.8(a)(2) of this part. An immigration officer may carry only firearms (whether Service issued or personally owned) that have been approved pursuant to guidelines promulgated by the Commissioner. The Commissioner shall promulgate guidelines with respect to:
(1) Investigative procedures to be followed after a shooting incident involving an officer-
(2) Loss or theft of an approved firearm-
(3) Maintenance of records with respect to the issuance of firearms and ammunition- and
(4) Procedures for the proper care, storage, and maintenance of firearms, ammunition, and related equipment.
Sec. 287.10 Expedited internal review process. (Section added 8/17/95- 59 FR 42406)
(a) Violations of standards for enforcement activities. Alleged violations of the standards for enforcement activities established in accordance with the provisions of § 287.8 shall be investigated expeditiously consistent with the policies and procedures of the Office of Professional Responsibility and the Office of the Inspector General of the Department of Justice and pursuant to guidelines to be established by the Attorney General. Within the Immigration and Naturalization Service, the Office of Internal Audit is responsible for coordinating the reporting and disposition of allegations.
(b) Complaints. Any persons wishing to lodge a complaint pertaining to violations of enforcement standards contained in § 287.8 of this part may contact the Department of Justice, P.O. Box 27606, Washington, DC, 20038-7606, or telephone 1-800-869-4499.
(c) Expedited processing of complaints. When an allegation or complaint of violation of § 287.8 is lodged against an employee or officer of the Service, the allegation or complaint shall be referred promptly for investigation in accordance with the policies and procedures of the Department of Justice. At the conclusion of an investigation of an allegation or complaint of violation of § 287.8, the investigative report shall be referred promptly for appropriate action in accordance with the policies and procedures of the Department of Justice.
(d) Unsubstantiated complaints. When an investigative report does not support the allegation, the employee or officer against whom the allegation was made shall be informed in writing that the matter has been closed as soon as practicable. No reference to the allegation shall be filed in the official’s or employee’s official personnel file.
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