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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 a SECTION 8. INFORMANTS AND ENTRAPMENT **EeEDte: 10/27/1981 MCRT#: 0 Div: D9 Cav: SecCls: 8-1 IN GENERAL (See MIOG, Part I, Section 137.) (1) The use of informants to assist law enforcement officers in the task of enforcing the criminal law has been recognized and approved by the courts for centuries. Because criminals usually work covertly, the government may also employ some guile or misrepresentation when attempting to investigate and apprehend those responsible for criminal conduct. The value of informants is particularly high in investigations of so called "victimless crimes" where complaining witnesses are rare, or in situations in which eyewitnesses are unavailable. (2) Although informants are private individuals in the sense that they are not commissioned representatives of the government, they are considered agents of the government when performing informant-related tasks. As such, they are subject to the same legal restrictions that govern the conduct of Special Agents. It follows that if the informant's contemplated action would be illegal or unconstitutional if performed by a Special Agent, it is also impermissible if performed by the informant. The material which follows contains a general discussion of the common legal|and policy restraints which limit the permissible scope of an informant 's activities. In addition, a brief discussion of the law relating to the government's privilege of nondisclosure of its informants’ identities is included. (3) It is noted that this section does not include any of the material contained in the Attorney General's Guidelines on FBI use of informants and confidential sources. These rules, which can be found in MIOG, Part I, Section 137, set out FBI policy regarding informants and confidential sources. They include regulations governing when an informant may be utilized, when an informant may participate in criminal activities, when appropriate authorities must be notified of an informant's unauthorized criminal activity, when a person affiliated with the news media or under an obligation of a legal privilege or confidentiality may be used, when an informant may be permitted to infiltrate an organization, and the circumstances of payment to an informant. (4) For a discussion of the Bureau rules relating to the administrative handling of informants see MIOG, Part I, Section 137. **EFEDte: 01/30/1997 MCRT#: 583 Div: D9 Cav: SecCls: 8-2 INFORMATION REGARDING LOCAL CRIMES SENST EYE Printed: 05/05/2004 13:08:54 Page 1