D. Knowledge of Chiminal Activity by Informants and Defendant-Indormants 1 DER Sad! Caste ali informants and defendantinformants that they silk not riolats criminal law in furtherance gadering iniqmation or providing other services for DEA and that any evidence of uch violation will be reported to the concerned law enforcement authority. 21 Whenever EA has reason to believe that a serious iminal offense outside is investigative jurisdiction is being or will by committed, je stall immediately disseminate all evant informasic to the appropriate law enforcement agency. Waze DEA has reason to believe that an infomat or defendant-informant has committed a serious criminal Ostens the appropriate law enforcement agency shall be advised by DCA, and the appropriate United States attorney shall be otified. 4. In disseminating information in accordance with paragraphs IID2 and 3 above, all available information shall be promptly furnished to the appropriate law enforcement agency mless such action would jeopardize an ongoing jor investigation or endanger the life of a DEA agent informant or defendant-informant. if full disclosus nada for the reasons indicated, then limited disclosure shall be inde to the appropriate authorities, to yn extant sufficient to apprise them of the specific crime rings that are begieved to have been committed. Full disclostre (shall be made ay so 25 the need for the restrictions on dissemination are no longer present. Where complete disscination cannot immediately be made to the appropriate law enfoytencat igenzy, DEA shall preserve all evidence of the violation for ossible fèture use by the appropriate prosecuting Authority. Nothing cazzin shall prevent full and immediate disclosure to appropriate law enforcement agency if in DEA's judgment such action is accesary even though an investigation might thereby deopardized. 5. LE DEA desses to continue making use of an informant or defendant-informant after it has reason to believe that he has committed a serkus Chininal offensa, DEA shall advise the appropriate. United statum attorney, and a detamination shall be made by him ter consultation with the Chief of the Narcotics and Danger Drug Section of the Crizinal Division of the Department of Justice, whether continued use should be made of the individual by DEA. Undercover operationd conducted by 13 may include Mason to comis an offense. tions may be authorized where there is Feason o spólave use of mis technique ray result in evidence or Vaata concerning signifiant drug trafficking activities. Indercové operacions must be authorized by a Group Supervisor or ResidentgensCE. Such authorization must be written; however, exigent creme tances documentation may ce prepared after the undercover operation has been initiated, ovided oral auchertelstephas first been cocained. Authorizations for undercoverberations shall set foron a description of the undercover operation and the provisions made for the rocketion of undercover agents or informants. D. DEA may furnish an item recessity to the commission Effense otter than a controlled substance (1.4., a legal chemical essencial to ding production) of my furnity services in furtherance of illegal drug trafficție vaich are affult ebesin (ie., sophisticated chemical expertise), upon the authorization of the Sut, after figubilon with the appropriate United States actory mid Headquarters. Activity such as furnishing a noncontrolled sugeance or other services, may be authorized her here is barong reason to bellave such activity villylead to the posetion of one or more individuals voc finance, Cones, direct a City Safficking organization, or to the inertia of the Lov of drugs from a significant drug trafficking penti 8. Undercover operations shall not include the furnishing of a controlled substance except ta eisacrdinary cases after consultation with the appropriate ited States attorney, when the Administrator of DEA determines that there is reason to believe such activity will lead to the prosecution of one or 73-1 AGENTS KLJULL 18/20/78 more individuals who finance, control, or direct a drug trafficking organisation or to the interdiction of the flow of drugs from a signifibant Brug trafficking operation. In making such decedating the Administrator of DEA shall take into account the tvse and amount 34 drug involved; its likelihood of reachingsundes; the heaber and position in the drugtrafficking organization of subjects who have, and who have not, been sufficiently identified be arrested; the type and amount of evidence necessary to complete the investigation; the time quited to attempt tp de so; and the likelihood of obtaining sugh evidence. F SAICS 11 Advise DEA Headquarters immediately if specific formations developed, in the course of an undercover operation of these, regarding the shipment, delivery, or Location of substantial amounts of controlled substances. In Certain cases it may be appropriate not to seize such drugs in order to enhance the effectiveness of an investigation. DEA may continue an investigation without seizing substantial amounts of illbrit drugs only when: 1. Authorized by the Assistant Administrator for Enforcement of DEA or his Headquarters designee:The Assistant Administrator for Enforcement shall consider the factors set forth in paragraph IIIE above, and may authorize that investigation to continue without seizure us the drug question if he makes the determinations set forth hersta. decision shall be reflected in writing in 2. Where immediate senzure of substantial amounts of controlled substances might rest in compromise of an investigation of greater signifikanċe than seizure would warrant, or in the death or serious inery to DEA agenti formant, cr defendant-informant, animeflate decision may be made by the field agent or his supervisor, condistan with the safety of the agent, informant or gafardant-insorgt. In such instances the Assistant Administrator for Enforcement shall se promptly notified. G. While it is recognized that there is an inherent risk of violence in drug trafficking, undercover operations shall not include originating, encouraging, or planning to participate in violent activity: If in the course of an undercover operation there is a prospect of previously unanticipated violence, the agent, informant, or defendant jufformant involved shall make very effort consistent giis personal safety to prevent such violent activity and, to the extent he is not completely successful, to minimize wè degize of violence and to avoid participation in it. 1. In condusim undergover rations DEA Special Agents, informants, and Safenchnesinformants shall not attend meetings bessen/defendants and their dunsel if attendance can be avoided. Ef stendance can be voided they shall not report anything they may overhear while present at meetings with counsel lesey observe the commission of a crime. 1. Informant and deandcht-informants used in undercover operations stala be achieved of the standards established by these ideaines war to the activities they are asked to undertake on half. MECONIC SURVEILLANCE AND RELATED FECHNIQUES Electronic surveillance and related techniques may be employed as follows: A. Saterception of vire or oral communications through the use of electronic, mechanical or other device ("wise taps" or "bugs") in accordance with Title I of the nibus Control and Safe Streets Act of 1968, as amended and the related Department of Justice instructions. 3. Recording telephone numbers dialed and related information by the use of pen registers? age "souch tone decoders pursuant to a Federal court ordar in the nature of a warrant issued under Rule 41 of the Federal Rules of Cipina Procedure. cure of les C. Electronic tracking devices ("belpers and transponders when authorized roup Supervisor or higher authority, and pursuant to fedeal force in the a warrant of the type issued under Rus 47 of the segme of Criminal Procedure if installatie inolves a thriss otherwise required by the federal case law in the judiciai district or districts involved. D. Telephones and transmitters to monitor private conversations with the consent of a party to the conversation pursuant to the provision of the Attorney General's "!:emorandum to the Zer:. nculive Ùapartments and Agencies," dated October 1972. optical fa.g., night vision .Photographic, opticale.g., binoculars), elcetroupment), and television equipment as suveillance aids or for recording evidence, pursuant to the provisions of the DEAAgents Manual. Eectronic magnetic, vibration sensors, and radar quipment to erect the movement of persons, vehicles, vessels, and craft pursuant to the provision of the DEA Agents Manuai. No other form of electronic surveillance or related échique may be utilized. FOI 79-1 AGENTS MANUAL 10/20/78 |