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Man1-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 On 8-3.3 Contact with Suspects (1) The use of informants to contact individuals suspected of crime can be very productive. The unwary suspect frequently will confide in the informant and volunteer details of his/her criminal conduct. This information may be valuable as lead material, or may be offered as evidence of guilt either through the testimony of the informer himself/herself, or possibly an Agent who monitored the conversation with a listening device. (2) There are, however, several limitations on the use of an informer under these circumstances. These limitations are derived from constitutional and ethical considerations, as well as court~ imposed restrictions. The following material is intended as a general summary of the law in this area. Guidance should be obtained from the|Chief Division Counsel|prior to using an informant to contact a criminal suspect for evidence of guilt. (3) For purposes of organization, the discussion of this technique is separated into situations in which the suspect |has not been charged, arrested, or named as a defendant in a law enforcement proceeding and those in which the suspect has been charged, arrested, or named as a defendant in a law enforcement proceeding. | x*EEEDte: 01/30/1997 MCRT#: 583 Div: D9 Cav: SecCls: 8-3.3.1 Suspect not|Charged, Arrested or Named as a Defendant in a Law Enforcement Proceeding | (1) |Prior to the suspect being charged, arrested or named as a defendant in a law enforcement proceeding, it is permissible for an informant to engage a criminal suspect in conversation and elicit incriminating remarks. As long as the suspect is speaking voluntarily, without compulsion, his/her remarks will be admissible against him/her. | (2) |If the suspect who is not yet charged, arrested or named as a defendant in a law enforcement proceeding is represented by counsel, the restrictions contained in Section 8-3.4 must be observed. **EEEDte: 01/30/1997 MCRT#: 583 Div: D9 Cav: SecCls: 8-3.3.2 Suspect Charged, Arrested, or Named as a Defendant in a Law Enforcement Proceeding (See LHBSA, 8-3.3.3, and MIOG, Part 1,|137-13.)| | SE E ee ee Printed: 05/05/2004 13:08:54 Page 3