◆ SpookStack

Man1-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 a *k*EFEDte: 01/30/1997 MCRT#: 583 Div: D9 Cav: SecCls: 8-3.4 Intrusion into Attorney-Client Relationship |When informant contacts are otherwise permissible under Sections 8-3.3-.1 and 8-3.3.2 above, the following restrictions must be observed: | (1) |The informant may not inquire about information regarding lawful defense strategy or legal arguments of counsel; | (2) |The informant must not disparage counsel for the suspect or otherwise seek to induce the person to forego representation or to disregard the advice of the suspect's attorney; | (3) | The informant must not otherwise improperly seek to disrupt the relationship between the suspect and counsel]; | (4) |The informant may not attend or participate in lawful meetings or communications between the suspect and his/her attorney unless requested to do so by the suspect, the attorney, or another person affiliated with the defense and when reasonably necessary for the safety of an individual or the confidentiality of an undercover operation. If the informant attends or participates in such meetings, any information regarding lawful defense strategy or trial preparation imparted to the informant shall not be communicated to attorneys for the government or to law enforcement agents who are directly participating in the ongoing investigation or in the prosecution of pending criminal charges, or used in any other way to the substantial detriment of the subject. Therefore, the informant should be cautioned not to communicate to the Agent any of the details he/she has learned regarding defense strategy or plans, location of evidence, or admissions by the defendant to the attorney regarding the offense charged. | **EFEDte: 01/30/1997 MCRT#: 583 Div: D9 Cav: SecCls: 8-3.5 Entrapment (1) Entrapment is a defense asserted frequently by defendants in cases in which informants have played an active role. Entrapment is established if the evidence shows the idea or plan for the criminal act originated with the Government, and the Government implanted that idea by various forms of inducement in the mind of an otherwise innocent (not predisposed) person who then commits the alleged crime. In enacting Federal criminal statutes, Congress intended that otherwise innocent persons should not be convicted where they were enticed bw the Covernnent SUSEEVE the law. If the SE Printed: 05/05/2004 13:08:54 Page 5