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EERE EN a =. SENSITIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 eee established. Consequently, it will be necessary to provide some basis for establishing that credibility. Relevant factors can be prior instances when the source provided reliable information (track record), or corroboration through independent investigation of a substantial portion of the information provided by the source. 3. Anonymous Tips - Information from an anonymous source can also be considered by a magistrate judge in determining the existence of probable cause. The degree of detail in the source's information, or corroboration of the information through independent investigation, will assist the magistrate judge in evaluating the credibility of the source. (5) Reliability of the Information - The most credible source may unwittingly provide-unreliable information. A magistrate judge must be able to evaluate the reliability of the information. Disclosing to the magistrate judge how information was obtained is highly relevant. If a source obtained the information firsthand, that is sufficient to establish its reliability. I£ that is not the case, or if the manner in which the information was acquired cannot be disclosed without endangering a confidential source, one or both of the following factors can help to establish the reliability of the information: (a) Independent Corroboration - Independent corroboration of some of the facts provided by a source can bolster the trustworthiness of the information as a whole. Corroboration may take the form of confirming most of the facts supplied by a source, or by disclosing the subject's prior history of the kind of criminal activity at issue, such as noting a prior arrest or conviction record. (b) Degree of Details - The U.S. Supreme Court has recognized that the greater the degree of details provided by a source, the greater is the inference that the information is reliable. (6) The inability to satisfy either part of the two- pronged standard described above--i.e., credibility of source or reliability of information--does not foreclose a finding of probable cause. The ultimate test is whether the totality of information is sufficient to support a reasonable belief that a particular person committed a particular crime, or that particular items of evidence are located at a particular place. For example, if an informant's credibility cannot be established directly, the fact that the informant has previously proved to be a credible source can be considered by the magistrate judge in finding probable cause. Likewise, if an informant's basis of knowledge is not disclosed, but the information provided is highly detailed, a magistrate judge may conclude that the informant has a reliable basis for the information. Independent corroboration of the informant's information can bolster the belief in both the credibility of the source and the reliability of the information. (7) One of the most critical challenges for an Agent is SENSITIVE Printed: 08/20/2003 06:43:34 Page 7 1 CL 1