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SENSITIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 CR Mi |e el a (1) Informant Contact Regarding Charged or Related Offenses (a) After the suspect has been indicted i appeared at his/her initial appearance and has accepted o the appointment of counsel, informants may not elicit inf about charged or related offenses from the subject unless information is necessary to preserve a life or safety. (b) If the suspect is in custody, the use has requested rmation the of a cellmate informant to act only as a listening post and report unsolicited or spontaneous statements of the suspect does the law or policy. Because of the difficulty in proving cellmate informant did not solicit incriminating rtatenent stimulate conversation with the suspect to gain incrimina statements, the designed use of a cellmate informant even listening post must receive the prior approval of FBIHQ a not violate hat the 3 or ing asa d concurrence of the prosecuting United States Attorney's Office. (2) Offenses (a) I£ the suspect is not represented by the uncharged, unrelated offenses, it is permissible for Informant Contact Regarding Uncharged, Unrelated ounsel on n informant to engage the suspect in conversation and elicit incriminating remarks regarding the uncharged, unrelated offense whethe suspect is in custody or not. The contact will not viola or policy. (b) uncharged, unrelated offenses, the informant contact must Section 8-3.4. **EfFFDte: 01/14/2002 MCRT#: 1177 Div: D9 Cav: 8-3.3.3 Wired Informants (1) The restrictions discussed in|8-3.3.2|are applicable to informants who are equipped with a conceale transmitter or recording device. wired informants to record or transmit conversations with does not violate Title III of the Omnibus Crime Control Streets Act of 1968, or the Fourth Amendment. Thus prior approval is unnecessary. MIOG, Part II, 10-10.3. (2) Special Agents should understand that if the e the law If the suspect is represented by counsel on the comply with SecCls: Iso radio suspects d Safe judicial Agents contemplating their use phould see The courts have held or the use of a wired informant records a conversation with an individual who later becomes a criminal defendant, the rules of discovery may allow the to obtain the recording. SENSITIVE Printed: 08/20/2003 06:43:34 defendant Page 4