◆ SpookStack

SENSITIVE Manl-ID: LHBSAP] LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 ie | a ek Sr **EFEDte: 01/30/1997 MCRT#: 583 Div: D9 Cav: 8-3.4 Intrusion into Attorney-Client Relationship |When informant contacts are otherwise permiss Sections 8-3.3.1 and 8-3.3.2 above, the following restric be observed: (1) |The informant may not inquire about inform regarding lawful defense strategy or legal arguments of c (2) |The informant must not disparage counsel f suspect or otherwise seek to induce the person to forego representation or to disregard the advice of the suspect' SecCls: ble under ions must tion bunsel; | pr the B 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 meetings or communications between the suspect and his/he unless requested to do so by the suspect, the attorney, o person affiliated with the defense and when reasonably ne the safety of an individual or the confidentiality of an operation. meetings, any information regarding lawful defense strate preparation imparted to the informant shall not be commun attorneys for the government or to law enforcement agents directly participating in the ongoing investigation or in in lawful attorney r another essary for dercover If the informant attends or participates in such y or trial icated to who are 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 fe ati location of evidence, or admissions by the defendant to t regarding the offense charged. | **EfEDte: 01/30/1997 MCRT#: 583 Div: D9 Cav: 8-3.5 Entrapment (1) Entrapment is a defense asserted freque defendants in cases in which informants have played an ac e attorney SecCls: ly by ive 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 otherwise innocent (not predisposed) person who then comm alleged crime. mind of an its the In enacting Federal criminal statutes, Congress intended that otherwise innocent persons should not be convicted where they were enticed by the Government into violating the law. If the SENSITIVE Printed: 08/20/2003 06:43:34 Page 5