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Legal Handbook for FBI Special Agents — Part 2
Page 16
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Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1
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Information of which the Agent does not have personal
knowledge is hearsay. Although probable cause may be based in whole
or in part on hearsay, Agents should carefully evaluate such
information to ensure that it is given proper weight. In evaluating
hearsay information, Agents should consider the CREDIBILITY OF THE
SOURCE as well as the RELIABILITY OF THE INFORMATION PROVIDED. |
*x*EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
}1-4.2.1 Credibility of the Source
(1) Knowledge of the source - In everyday experience,
either consciously or subconsciously, we make judgments regarding the
credibility of individuals who provide information to us. Whether we
know the person, how well we know them, and what we know about them--
these are common factors we rely upon in judging credibility.
(2) Corroboration of facts - Credibility of any source
can be bolstered if we already know, or can establish independently,
that a substantial portion of the information is true. |
**EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
|1-4.2.2 Reliability of the Information
The most credible of sources may provide information that
is unreliable. Thus, in assessing the reliability of the
information, it is important to ascertain the basis of it. In other
words, how does the source know? How was the information acquired?
If Agents know how the source obtained the information, it is possible
to assess its reliability. For example, if the source obtained it
firsthand, it is more reliable than if it was obtained through
hearsay. If the Agents do not know how the source obtained the
information, a high degree of detail in the information provided can
support an inference that the information is reliable. In the absence
of knowledge of the basis for the source's information, independent
corroboration can support a reasonable belief in the information's
reliability. |
**EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls:
|1-4.3 Logical Inferences
In addition to information acquired through firsthand
perceptions or hearsay, Agents may draw logical inferences from that
Printed: 05/05/2004 13:08:54 Page 3
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