THE FEDERAL BUREAU OF INVESTIGATION

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CONFIRMATION AND ARREST 14, When a potential offender is identified, the IG Case Team will advise the respective prosecuting agency prior to a surreptitious DNA sample collection. 15. The IG Case Team can utilize resources across the FBI to assist the Originating Agency with surveillance, surreptitious DNA sample collection, arrests, interviews, and searches as needed. 16. IG is a law enforcement technique to generate investigative leads. A suspect shall not be arrested solely based on associations determined through IG. The IG Case Team will confirm the identity of the offender through comparison with a legally collected DNA sample prior to charge/arrest. 17. The probable cause to charge and arrest the offender must be based on the legally collected DNA sample comparison and confirmation. Details related to the IG process will not be utilized as probable cause in any affidavit or other charging document. The FBI does not object to including in an affidavit that IG was used during the course of the investigation. The FBI can provide appropriate language if requested. 18. Originating Agency must legally obtain an additional DNA sample post arrest for comparison and final confirmation. DATA RETENTION AND DISCOVERY 19. After the arrest and STIR confirmation of the suspect (or positive identification for human remains), the FBI IG Case Team will request that all SNP profiles (both the suspect SNP profiles and voluntary reference.profiles) and associated account information and data held by any vendor laboratory or genealogy company be removed from its records. 20. The IG Case Team will provide a copy of the suspect SNP profile to the Originating Agency upon request. The genomic match lists, suspect/victim family trees and interview reports related to reference tests will be retained by the FBI and will only be disclosed to the Originating Agency pursuant to a court order or as required by law. In the event that disclosure of material related to the IG Investigative process is necessary, the Originating Agency and prosecutor will seek a protective order for the material. 21. The Originating Agency should confer with its prosecuting agency regarding discovery relating to the IG investigation prior to engaging in the IG process.