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re Ce ee eee ae SENSITIVE Man1-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 tb tte Oe i i a ee When an FBI informant provides information co planned criminal activity which is not within the investi jurisdiction of the FBI, the FBI should advise the law en agency having investigative jurisdiction. If the circums such that it is inadvisable to have the informant report the agency having investigative jurisdiction, the FBI, in with that agency, may continue to operate the informant. heerning gative forcement ances are irectly to [cooperation **EFEDte: 05/01/1985 MCRT#: 0 Div: D9 Cav: SecCls: 8-3 LEGAL LIMITATIONS **EEEDte: 11/10/1988 MCRT#: 0 Div: D9 Cav: SecCls: 8-3.1 Entry to Premises Any entry by an informant into premises protected by the Fourth Amendment is illegal if the informant had no authority to enter. For example, a surreptitious entry without the congent of the suspect or another person with lawful possession of the property, would be illegal and taint anything observed or overheard! by the informant while inside the premises. Conversely, if an i invited into a suspect's residence, even though the invit formant is tion is obtained after misrepresenting his/her identity and purpose, the courts uniformly consider his/her presence lawful. entry is gained by use of a ploy or ruse does not vitiate suspect's permission to enter. It follows that any incr information developed by the informant, whether in the f statement made by the suspect, or a physical item observ informant, 18 lawfully developed and can be used by the either to establish probable cause for the issuance of a as an element of proof at a criminal trial. Cav: **EfEDte: 11/10/1988 MCRT#: 0 Div: D9 8-3.2 Search and Seizure As noted earlier, informants are considered law enforcement officers for whom they work and are subj same exclusionary rules imposed on the officers or agent The fact that the iminating ors of a Governnent d by the arrant, or SecCls: gents of the ct to the who direct them. Thus any evidence obtained or observed by the informant while conducting an unreasonable search and seizure will likel inadmissible in a criminal prosecution against the party the search. For a discussion of the general rules govern and seizures, see Section 5, Search and Seizure. *kEFEDte: 11/10/1988 MCRT#: 0 Div: D9 SENSITIVE Cav: be aggrieved by ing searches SecCls: Printed: 08/20/2003 06:43:34 Page 2 Ur