Informants

Informant Sources for Federal Law Enforcement Officers

• Comprehensive Types of Informants:

  • Anonymous Informant: An unknown party providing tips. Information from these sources requires independent corroboration to establish reliability and cannot solely support probable cause (PC).
  • Non-Confidential Informant: An individual whose identity is openly disclosed in investigative reports and legal documents.
  • Confidential Informant (CI): Assigned a specific alphanumeric control number to maintain anonymity within files; identity is protected but may be disclosed in court if the court determines it is essential to a fair trial.
  • Unwitting Informant: A source who provides information without realizing they are speaking to or assisting law enforcement. These are valuable but require careful handling to prevent blowing their cover accidentally.

• Informants Categorized by Relation to Crime:

  • Criminal or Criminal Associate: Generally the most valuable sources because they occupy the inner circle of criminal organizations. They provide first-hand accounts and real-time intelligence.
  • Professional Informant: Individuals in regulated or high-sensitivity industries. For example:
  • Gun shop owners monitoring suspicious purchases.
  • Bank employees reporting unusual financial transactions.
  • Employees in the transportation or hospitality sectors.
  • Private Citizen: Includes neighbors, janitors, or coworkers. Caution must be exercised if the individual appears mentally unstable or is motivated purely by fantasy.

• Strategic and Tactical Uses of Informants:

  • Establish Probable Cause (PC): Helping secure search or arrest warrants through the "basis of knowledge" and "veracity" tests.
  • Undercover Introductions: Bridging the gap between the investigator and the criminal target to facilitate undercover operations.
  • Independent Surveillance: Observing locations or meet-ups where agents would be too conspicuous.
  • Intelligence Gathering: Providing long-term strategic insights into criminal hierarchies rather than just specific tactical incidents.

• Restricted and High-Sensitivity Informants:

  • Special Controls Required For:
  • Criminal Defendants: Requires coordination with the Assistant United States Attorney (AUSA).
  • Probationers and Parolees: Requires written permission from the supervising agency.
  • In-Custody Informants: Often referred to as "jailhouse snitches," these require high-level approval due to credibility concerns.
  • Privileged Professionals: Includes clergy, attorneys, physicians, and members of the news media.
  • Juveniles: Requires parental consent and specific agency-head approval.

• Psychological Motivations:

  • Fear: Avoiding prosecution or fear of a rival criminal gang.
  • Revenge: Wanting to eliminate competition or settle a personal grudge.
  • Monetary Incentives: Payments must be strictly recorded and are often taxable income.
  • Egotism/Vanity: The desire to feel important or to play a "secret agent" role.
  • Desire for Reform: A sincere but rare motivation to improve the community.

Developing and Controlling Informants

• The Profiling and Suitability Process:

  • Agents must evaluate mental, emotional, and physical health to ensure the source can handle the pressure.
  • Identity Protection: The government holds an ethical and legal obligation to maintain confidentiality.
  • Informer’s Privilege: Based on the legal precedent in Roviaro v. United States, the government has a qualified privilege to withhold the identity of informants to protect their safety and the flow of information.

• Operational Control Mechanisms:

  • Investigative Direction: The agent must always maintain the lead; the informant should never "run" the case.
  • The Two-Agent Rule: A minimum of 2 agents must be present during any official informant contact, especially during financial payments, to ensure accountability and prevent allegations of misconduct.
  • Entrapment Prevention: Regular briefings on entrapment laws are required. Sources must not induce targets to commit crimes they were not otherwise "predisposed" to commit.
  • Relationship Boundaries: Maintain a professional distance; agents should avoid personal involvement or socializing with informants outside of the investigation.

• Legal Transparency and Compliance:

  • Unauthorized Acts: Informants are prohibited from committing crimes unless specifically authorized as an "Otherwise Illegal Activity" (OIA) via strict agency protocols.
  • Reporting Violations: If an informant breaks the law without authorization, the agent must report it to the AUSA immediately.