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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 When an FBI informant provides information concerning planned criminal activity which is not within the investigative jurisdiction of the FBI, the FBI should advise the law enforcement agency having investigative jurisdiction. If the circumstances are such that it is inadvisable to have the informant report directly to the agency having investigative jurisdiction, the FBI, in cooperation with that agency, may continue to operate the informant. **EFEDte: 05/01/1985 MCRT#: 0 Div: D9 Cav: SecCls: 8-3 LEGAL LIMITATIONS **EFEDte: 11/10/1988 MCRT#: O Div: D9 Cav: SecCls: 8-3.1 Entry to Premises Any entry by an informant into premises protected by the Fourth Amendment is illegal if the informant had no authority to enter. For example, a surreptitious entry without the consent of the suspect or another person with lawful possession of the property, would be illegal and taint anything observed or overheard by the informant while inside the premises. Conversely, if an informant is invited into a suspect's residence, even though the invitation is obtained after misrepresenting his/her identity and purpose, the courts uniformly consider his/her presence lawful. The fact that entry is gained by use of a ploy or ruse does not vitiate the suspect's permission to enter. It follows that any incriminating information developed by the informant, whether in the form of a statement made by the suspect, or a physical item observed by the informant, is lawfully developed and can be used by the Government either to establish probable cause for the issuance of a warrant, or as an element of proof at a criminal trial. **kEFEDte: 11/10/1988 MCRT#: 0 Div: D9 Cav: SecCls: 8-3.2 Search and Seizure As noted earlier, informants are considered agents of the law enforcement officers for whom they work and are subject to the same exclusionary rules imposed on the officers or agents who direct them. Thus any evidence obtained or observed by the informant while conducting an unreasonable search and seizure will likely be inadmissible in a criminal prosecution against the party aggrieved by the search. For a discussion of the general rules governing searches and seizures, see Section 5, Search and Seizure. **EFEDte: 11/10/1988 MCRT#: 0 Div: D9 Cav: SecCls: s Printed: 05/05/2004 13:08:54 Page 2