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ose eee Lhd VAR MR i | | SENSITIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 ec a 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 lon 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 lenforcement proceeding and those in which the suspect has been charged, arrested, or named as a defendant in a law enforcement proceeding. | *kEFEDte: 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 jadmissible against him/her. | (2) [If the suspect who is not yet charged, arrested or named as a defendant in a law enforcement proceeding 18 represented by counsel, the restrictions contained in Section 8-3.4 must be observed. | **EfEDte: 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.) | SENSITIVE Printed: 08/20/2003 06:43:34 Page 3