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_ SENSTTEVE_ Manl~ID:; LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 (1) Informant Contact Regarding Charged or Related Offenses (a) After the suspect has been indicted or has appeared at his/her initial appearance and has accepted or requested the appointment of counsel, informants may not elicit information about charged or related offenses from the subject unless the information is necessary to preserve a life or safety. (b) If the suspect is in custody, the use of a cellmate informant to act only as a listening post and report unsolicited or spontaneous statements of the suspect does not violate the law or policy. Because of the difficulty in proving that the cellmate informant did not solicit incriminating statements or stimulate conversation with the suspect to gain incriminating statements, the designed use of a cellmate informant even as a listening post must receive the prior approval of FBIHQ and concurrence of the prosecuting United States Attorney's Office. (2) Informant Contact Regarding Uncharged, Unrelated Offenses (a) If the suspect is not represented by counsel on the uncharged, unrelated offenses, it is permissible for an informant —™, to engage the suspect in conversation and elicit incriminating remarks regarding the uncharged, unrelated offense whether the \ suspect is in custody or not. The contact will not violate the law or policy. (b) If the suspect is represented by counsel on the uncharged, unrelated offenses, the informant contact must comply with Section 8-3.4. **EFEDte: 01/14/2002 MCRT#: 1177 Div: D9 Cav: SecCls: 8-3.3.3 Wired Informants (1) The restrictions discussed in|8-3.3.2|are also | applicable to informants who are equipped with a concealed radio transmitter or recording device. The courts have held that the use of wired informants to record or transmit conversations with suspects does not violate Title III of the Omnibus Crime Control and Safe Streets Act of 1968, or the Fourth Amendment. Thus prior judicial approval is unnecessary. Agents contemplating their use should see MIOG, Part II, 10-10.3. (2) Special Agents should understand that if a wired informant records a conversation with an individual who later becomes a criminal defendant, the rules of discovery may allow the defendant to obtain the recording. — SE E Printed: 05/05/2004 13:08:54 Page 4