Dating while undercover operations
"I think what matters is that there is a general structure and system of proper oversight and control rather than very specific instructions as to what may or may not be permitted.
"Of course, there is another point that banning such actions would provide the group targeted the opportunity to find out whether there was an undercover officer specifically within their group." An HMIC report found Mr Kennedy worked outside the code of conduct for undercover officers, became "resistant to management intervention", and review and oversight was insufficient.
Approval by the Director, Deputy Director, or Designated Assistant Director F. These guidelines do not apply to investigations utilizing confidential informants, cooperating witnesses or cooperating subjects, unless the investigation also utilizes an undercover employee.
Participation in Otherwise Illegal Activity by Undercover Employee I. However, undercover activity involving sensitive or fiscal circumstances constitutes an undercover operation regardless of the number of contacts involved. "Undercover Employee" means any employee of the FBI, or employee of a Federal, state, or local law enforcement agency working under the direction and control of the FBI in a particular investigation, whose relationship with the FBI is concealed from third parties in the course of an investigative operation by the maintenance of a cover or alias identity. "Proprietary" means a sole proprietorship, partnership, corporation, or other business entity operated on a commercial basis, which is owned, controlled, or operated wholly or in part on behalf of the FBI, and whose relationship with the FBI is concealed from third parties. "Appropriate Federal Prosecutor" means a United States Attorney or Section Chief in the Criminal Division of the Department of Justice (DOJ). GENERAL AUTHORITY The FBI may use undercover activities and conduct undercover operations, pursuant to these Guidelines, that are appropriate to carry out its law enforcement responsibilities.
November 13, 2012 (1) This transmits revised IRM 9.4.8, Undercover Operations.
The following Guidelines on the use of undercover activities and operations by the Federal Bureau of Investigation (FBI) are issued under the authority of the Attorney General provided in Title 28, United States Code, Sections 509, 510, and 533. This finding should include a statement of what prior investigation has been conducted and what chance the operation has of obtaining evidence or necessary information concerning the alleged criminal conduct or criminal enterprise; (c) The undercover operation will be conducted with minimal intrusion consistent with the need to collect the evidence or information in a timely and effective manner; (d) Approval for the use of any informant or confidential source has been obtained as required by the Attorney General's Guidelines on Use of Informants and Confidential Sources; (e) Any foreseeable participation by an undercover employee in illegal activity that can be approved by the SAC on his or her own authority is justified by the factors noted in paragraph H; (f) If there is no present expectation of the occurrence of any of the sensitive or fiscal circumstances listed in paragraph C, a statement to that effect.
They apply to all investigations conducted by the FBI, except those conducted pursuant to its foreign counterintelligence and foreign intelligence responsibilities. (2) Undercover operations may be authorized pursuant to this subsection for up to six months and continued upon renewal for an additional six-month period, for a total of no more than one year.
(1) Former subsections 126.96.36.199 through 188.8.131.52.2, are deleted and merged into Law Enforcement Manual (LEM) 9.14.3, Undercover Operations.
The Criminal Investigation LEMs can be found on CI Connection on the CASE web page.
However, these techniques inherently involve an element of deception and may require cooperation with persons whose motivation and conduct are open to question, and so should be carefully considered and monitored. For purposes of these Guidelines, a "series of related undercover activities" generally consists of more than three separate contacts by an undercover employee with the individual(s) under investigation.