> For the complete documentation index, see [llms.txt](https://dubs-docs.gitbook.io/tbd-rp-department-of-justice-legal-code/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://dubs-docs.gitbook.io/tbd-rp-department-of-justice-legal-code/unified-code-of-laws/title-4-law-enforcement-and-legal-doctrines/confidential-informants-and-law-enforcement-authority.md).

# Confidential Informants and Law Enforcement Authority

#### **Definition**

A **Confidential Informant (CI)** is any individual who provides useful and credible information to a Law Enforcement Agency (LEA) regarding felonious criminal activities and from whom the LEA expects or intends to obtain additional useful and credible information in the future.

Confidential Informant agreements must be registered with the Attorney General's Office. Any agreements not properly registered are considered invalid, and any evidence or information obtained through such agreements may be deemed inadmissible in court.

***

#### **Purpose and Scope**

Confidential Informants play a critical role in assisting law enforcement by:

1. Providing intelligence on ongoing criminal activities.
2. Facilitating undercover operations.
3. Helping identify suspects, criminal networks, or illegal activities that may otherwise be difficult to detect.

However, their use is subject to strict oversight and regulation to ensure fairness, prevent abuse, and protect constitutional rights.

***

#### **Employment of Confidential Informants**

1. **Recruitment**
   * **Eligibility**: Individuals eligible to become CIs must not currently be engaged in felonious activities unless their cooperation directly mitigates those activities.
   * **Background Checks**: All potential CIs must undergo a thorough background check to assess credibility, reliability, and risk factors.
   * **Voluntary Participation**: Informants must willingly agree to participate and sign a Confidential Informant Agreement. Coercion of potential informants is strictly prohibited.
2. **Registration**
   * The agreement must be documented and registered with the Attorney General’s Office.
   * The registration must include:
     * The informant’s pseudonym or identifier.
     * The purpose of their cooperation.
     * The scope of their activities.
     * The supervising officer’s information.
3. **Restrictions**
   * A CI cannot act as an agent provocateur or be directed to commit crimes they would not otherwise commit.
   * Informants cannot participate in activities that place them in unnecessary danger unless it is deemed critical to the investigation.

***

#### **Use of Confidential Informants**

1. **Guidelines for Interaction**
   * Informants must work under the direct supervision of a designated officer or handler.
   * Communication with the CI must be documented, including the time, location, and purpose of meetings.
   * All instructions given to the informant must be clearly outlined in writing to prevent ambiguity.
2. **Provision of Information**
   * CIs are required to provide truthful, accurate, and complete information to their handler.
   * False or misleading information provided by an informant may result in immediate termination of the agreement and potential legal consequences.
3. **Compensation**
   * CIs may receive compensation for their cooperation, including:
     * Monetary payment.
     * Reduced charges or sentences, if applicable and approved by the Attorney General.
   * All compensation must be documented and approved through proper channels.

***

#### **Regulations Governing Confidential Informants**

1. **Confidentiality**
   * The identity of a CI is protected and must remain confidential unless disclosure is mandated by law or court order.
   * Unauthorized disclosure of a CI’s identity is a criminal offense and may result in prosecution of the responsible party.
2. **Accountability**
   * Supervising officers must provide regular reports to their department and the Attorney General’s Office regarding the CI’s activities and the progress of investigations.
   * Misuse or mishandling of CIs may result in administrative penalties, dismissal, or criminal charges against the responsible officer.
3. **Termination of Agreement**
   * The agreement with a CI may be terminated if:
     * The informant violates the terms of the agreement.
     * The informant’s actions jeopardize the integrity of an investigation.
     * The LEA determines the informant is no longer credible or useful.

***

#### **Legal Protections and Responsibilities**

1. **Protections for Informants**
   * CIs are entitled to reasonable protection from retaliation or harm resulting from their cooperation with law enforcement.
   * Law enforcement agencies must take necessary precautions to ensure the safety of CIs during and after their involvement in investigations.
2. **Responsibilities of Informants**
   * Informants must adhere to all laws and the terms of their agreement while cooperating with law enforcement.
   * Any illegal actions outside the scope of the agreement may result in prosecution and nullification of the CI agreement.
3. **Admissibility of Evidence**
   * Evidence or information obtained through a CI is subject to verification before being admitted in court.
   * Improperly handled or undocumented evidence may be deemed inadmissible.

***

#### **Cross-References**

* [**Title 3: Courtroom Procedures and Evidence**](/tbd-rp-department-of-justice-legal-code/foundations-and-procedures/title-3-courtroom-procedures-and-evidence.md): For admissibility of evidence and rules regarding informants’ testimony.
* [**Title 2: Justice System Structure and Roles**](/tbd-rp-department-of-justice-legal-code/foundations-and-procedures/title-2-justice-system-structure-and-roles.md): For oversight responsibilities of the Attorney General’s Office.


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