Calliope
Former Member
- Joined
- Jan 29, 2007
- Messages
- 6,534
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http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01035.htm
1035
FBI Assistance in Missing Persons Cases
In a missing person case, as a matter of cooperation, the Federal Bureau of Investigation (FBI) will, at the request of a state or local law enforcement agency, make available the facilities of the FBI Identification Division and the FBI Laboratory.
Information pertaining to certain categories of missing persons, including missing children, may be entered into the missing person file of the FBI operated National Crime Information Center (NCIC) by the local law enforcement agencies and, since passage of the Missing Children Act (Pub. L. 97-272, amending, 28 U.S.C. § 534), by parents of missing children if the local law enforcement agency will not do so.
1036
24 Hours Rebuttable Presumption
The rebuttable presumption set forth in 18 U.S.C. § 1201(b) does not create a presumption of kidnapping. Rather, it creates a presumption of transportation in interstate or foreign commerce in cases where an actual kidnapping has been established. The presumption was added to the statute to give the FBI jurisdiction to investigate. In a Federal prosecution under 18 U.S.C. § 1201(a)(1), actual interstate or foreign transportation must be proved. See United States v. Moore, 571 F.2d 76 (2d Cir. 1978).
1035
FBI Assistance in Missing Persons Cases
In a missing person case, as a matter of cooperation, the Federal Bureau of Investigation (FBI) will, at the request of a state or local law enforcement agency, make available the facilities of the FBI Identification Division and the FBI Laboratory.
Information pertaining to certain categories of missing persons, including missing children, may be entered into the missing person file of the FBI operated National Crime Information Center (NCIC) by the local law enforcement agencies and, since passage of the Missing Children Act (Pub. L. 97-272, amending, 28 U.S.C. § 534), by parents of missing children if the local law enforcement agency will not do so.
1036
24 Hours Rebuttable Presumption
The rebuttable presumption set forth in 18 U.S.C. § 1201(b) does not create a presumption of kidnapping. Rather, it creates a presumption of transportation in interstate or foreign commerce in cases where an actual kidnapping has been established. The presumption was added to the statute to give the FBI jurisdiction to investigate. In a Federal prosecution under 18 U.S.C. § 1201(a)(1), actual interstate or foreign transportation must be proved. See United States v. Moore, 571 F.2d 76 (2d Cir. 1978).