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FBI Undercover Operations — Part 1
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(ad) The extent to which continuation of the
n investigation may cause injury, financial or
otherwise, to innocent parties.
H. Participation in Otherwise Illegal Activity by
Undercover Employees
Except when authorized pursuant to these Guidelines, no
undercover employee ‘shall engage in any activity that would
constitute a violation of Federal, state, or local law if engaged
in by a private person acting without authorization. For
purposes of these Guidelines, such activity is referred to as
otherwise illegal activity.
(1) Justification: No official shall recommend or
approve participation by an undercover employee in
otherwise’ illegal activity unless the participation is
justified:
(a) to obtain information or evidence necessary
for the success of the investigation and -not .
reasonably available without participation in the
otherwise illegal activity;
(b) to establish or maintain credibility of a
cover identity; or
(c) to prevent death or serious bodily injury.
(2) Minimization: The FBI shall take reasonable steps
to minimize the participation of an undercover employee
in any otherwise illegal activity.
(3) Prohibitions: An undercover employee shall not
(a) participate in any act of violence except in
self-defense;
(b) initiate or instigate any plan to commit
criminal acts except in accordance with Part V
(Avoidance of Entrapment) below, or
(c) participate in conduct which would constitute
unlawful investigative techniques (e.g., illegal
wiretapping, illegal mail openings, breaking and
entering, or trespass amounting to an illegal
search).
(4) Self-Defense: Nothing in these Guidelines
prohibits an undercover employee from taking reasonable
measures of self-defense in an emergency to protect his
or her own life or the lives of others against wrongful
force. Such measures shall be reported to the
appropriate Federal prosecutor and FBIHQ, who shall
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