U.S. Department of Justice
Federal Bureau of Investigation
FBI Academy Library
Quantico, Virginia 22135

 

Subject Bibliography

 
INFORMANTS
 
 
7/2003
 
  Ashcroft, John. "The Attorney General's Guidelines Regarding the Use of Confidential Informants." No Date. [www.Fas.org/irp/agency/doj/fbi/dojguidelines.pdf].
Abstract: The purpose of these Guidelines is to set policy regarding the use of Confidential Informants, as defined in this paper, in criminal investigations and prosecutions by all Department of Justice Law Enforcement Agencies and Federal Prosecuting Offices, as defined in this paper.

Beckwith, R. J. and Tod W. Burke. "Using Informants." Law & Order (August 2000): pp. 109-10.
Abstract: Informants are and have been, an important factor in many drug trafficking situations and have been aiding law enforcement for centuries. Because of the informants and the value of their information, many crimes that may have gone undetected have resulted in arrests.

Billingsley, Roger, et al. Informers: Policing, Policy, Practice. Portland, OR: Willan, 2001. Call Number: HV 8073.I54 2001
Abstract: The first book of its kind on informers in Britain, providing an invaluable source of information and analysis from key authorities in the field, both academic and practitioners.

Bloom, Robert M. Ratting: The Use and Abuse of Informants in the American Justice System. Westport, CT: Praeger, 2002. Call Number: KF 9665.B58 2002
Abstract: This book will explore the use and, for that matter, the abuse, of informants in a variety of settings and with diverse motivations. Each informant has one salient feature: He/She provides information to the government, which in some way helps the government to investigate people whom they wish to prosecute.

Careless, James. "Informants Solve Crimes." Law & Order (December 2002): pp. 52-55.
Abstract: Sharing information is one of the most effective crime-fighting tools available; however, that information must be accessible in a fast, timely manner. This is why information sharing has become both a top priority for police departments--and a major headache.


Cohen, Joel. "When Prosecutors Prepare Cooperators." Cardozo Law Review (February 2002): pp. 865-71. Notes: Available full text on Westlaw.
Abstract: This commentary will demonstrate the various pitfalls involved in "debriefing" a cooperating witness and address proposed changes that will help prepare prosecutors for the cooperating witness too anxious to "please."

Drumond, Rob. "Florida V. J.L.: Phone Calls, Guns and Searches." American Journal of Criminal Law (Summer 2000): pp. 415-20.
Abstract: In "Florida v. J.L." the Supreme Court revisited the problem of anonymous tips explored in "Adams v. Williams" and "Alabama v. White." The court held unanimously that, absent evidence corroborating the anonymous informant's charge, an allegation of possession of a firearm in and of itself does not provide officers with the requisite reasonable suspicion to stop and frisk a suspect.

Eichenwald, Kurt. The Informant: A True Story. New York: Broadway, 2000.
Call Number: HV 8144.F43E53 2000
Abstract: A page turning real-life thriller that features deadpan FBI agents, crooked executives, idealistic lawyers, and shady witnesses with an addiction to intrigue. This book tells an important and compelling story of power and betrayal in America.

Fishman, Clifford S. "Informant Credibility and Evidence of Cooperation in Other Cases." American Journal of Trial Advocacy (Fall 2002): pp. 363-84. Notes: Available full text on Westlaw.
Abstract: The prosecutor calls an informant as a witness. Her carefully prepared questions elicit in damning detail how-according to the informant-the defendant eagerly participated in the crimes charged in the indictment. On cross, defense counsel goes into full attack mode, covering the informant's prior convictions, his other unsavory and untruthful acts, and the informant's reasons for cooperating with the police--money, a break on his own case or both. To rehabilitate the informant, the prosecutor wants to elicit testimony from police officers about the many cases the informant has helped them make and how truthful he has always been in the process. To what extent should she be allowed to do so? And once she does, what can defense counsel do in response? This article discusses the law and tactics of the situation.

Glover, Penelope R. "Re-Defining Friendship: Employment of Informants by Police." University of Colorado Law Review (Summer 2001): pp. 749-77. Notes: Available full text on Lexis/Nexis.
Abstract: Due to the distasteful yet vital nature of employing informants, a discussion of informants is not complete without an examination of the advantages and disadvantages of police employment of informants. The first part of this paper discusses the positive aspects of utilizing informants, while the second part presents some of the disadvantages.

Hanson, Leigh. "Psst! Janie's Got a Gun: Anonymous Tips and Fourth Amendment Search and Seizure Rights in Schools." Georgia Law Review (Fall 2002): pp. 267-94. Notes: Available full text on Wilson Web.
Abstract: This article addresses the issue of anonymous tips in the school context and how acting on those tips may affect students' search and seizure rights under the Fourth Amendment.

Harris, George C. "Testimony for Sale: The Law and Ethics of Snitches and Experts." Pepperdine Law Review Vol. 28(2000): pp. 1-72. Notes: Available full text on Westlaw.
Abstract: The proposals advanced by this article attempt to neutralize the pressures for bias and perjured testimony by making the selection, preparation, and compensation of paid witnesses more bilateral, neutral and transparent. They do so through relatively simple, largely self-executing measures that would not require pro-active court management or extensive additional court supervision. With regard to cooperating witnesses, they would even the playing field between prosecution and defense and reduce the pressure for cooperating testimony to be skewed in favor of the prosecution. While allowing for continued compensation to witnesses in these two contexts, procedures of the kind proposed here would help to curb the excesses of the current regime of testimony for sale.

Hendrie, Edward M. "Consent Once Removed." FBI Law Enforcement Bulletin (February 2003): pp. 24-32.
Abstract: An overview of arrest and search, which is an important factor in understanding the "consent once removed" exception to the search warrant requirement. Law enforcement officers are able to enter the premises of a suspect without a search warrant or an emergency in certain cases--an informant or undercover officer has entered earlier at the invitation of someone with authority to give consent; the informant or undercover officer makes probable cause to arrest or search while inside the premises; or they immediately call for help from other officers.

Hight, James E. "Working With Informants: Operational Recommendations." FBI Law Enforcement Bulletin (May 2000): pp. 6-9.
Abstract: Informants can provide valuable information, but if not handled appropriately, they can create problems for law enforcement agencies that use them. Steps that can be taken to enhance the cohesiveness of the officer-informant relationship while producing the necessary information essential to successful investigations are discussed.

Janzen, Sandra. Asset Forfeiture: Informants and Undercover Investigations. Washington, DC: Bureau of Justice Assistance, 1990. Call Number: J 26.29:13
Abstract: Informants and undercover investigations play critical roles in helping law enforcement agencies identify, seize, and forfeit property that is used or intended for use in the commission of a crime, property purchased with the proceeds of a crime, and enterprise interests acquired or conducted through racketeering. The use of informants in asset recovery involves both criminal and noncriminal informants and debriefing. The success of undercover operations in asset recovery depends on networking with other law enforcement agencies, sharing forfeited property, and seeking private sector support.

Kash, Douglas. "Rewarding Confidential Informants: Cashing In on Terrorism and Narcotics Trafficking." Case Western Reserve Journal of International Law (Fall 2002): pp. 231-44. Notes: Available full text on Wilsonweb.
Abstract: This article focuses on a few of the different reward mechanisms for information relating to acts of terrorism and narcotics trafficking, and explains the process of each program. Since most law enforcement agencies have their own reward programs, this article will focus on the reward programs of the Department of Justice, Drug Enforcement Administration, and the Department of State.

Kash, Douglas A. "Hunting Terrorists Using Confidential Informant Reward Programs." FBI Law Enforcement Bulletin (April 2002): pp. 26-31.
Abstract: Rewards for information involving terrorism were established by the 1984 Act to Combat International Terrorism. Excluding government employees acting within the scope of their official duties, an individual is entitled to a reward up to $500,000.

Lehr, Dick. Black Mass. New York: Public Affairs, 2000 Call Number: HV 6452.M4L45 2000
Abstract: Explores the Bulger Case of the 1980s involving criminal cooperation between the U.S. Federal Bureau of Investigation (FBI) and organized crime in Boston, MA. Court records and secret FBI files reveal a pattern of extortion, drug dealing, and murder by FBI informants who were also Irish mobsters and corrupt FBI agents.

Levenson, Laurie L. "Use of Confidential Informants Is Tricky Business." New Jersey Law Journal (June 2002): pp. 33, 36. Notes: Available full text on Infotrac.
Abstract: It is frequently the case that jurors are not apprised of reasons why an informant might be unbelievable.

Luger, Jack. Snitch: A Handbook for Informers. Port Townsend, WA: Loompanics, 1991. Call Number: HV 8080.U5L84 1991
Abstract: In this book, the author tells what information is valuable, how to gather it, and how to sell it. He details how crooks negotiate their way out of prison sentences, how cops treat informers, and how to avoid being finked-out.

Mallory, Stephen L. Informants: Development and Management. Incline Village, NV: Copperhouse, 2000. Call Number: HV 8073.M24 2000
Abstract: Provides the investigator, the educator, and law enforcement agencies with guidance and examples of both effective and ineffective informant development and management. Examples of policy, procedure, and documentation of informant management are included.

Morris, Jack. Police Informant Management. Loomis, CA: Palmer Enterprises, 1989.
Call Number: HV 8073.M581 1989
Abstract: Stresses the importance of training in informant use for officers and the need to guard against using labels that unintentionally demean information contributors.

Nugent, Hugh, et al. Managing Confidential Informants. Washington, DC: Bureau of Justice Assistance, 1991. Call Number: J 26. 30: IN6X
Abstract: This monograph provides guidelines for law enforcement agencies to use in the management of confidential informants. The guidelines can be used to develop or revise written directives for using and managing informants. It also shows how to gain maximum benefits from using informants while maintaining the integrity of the agencies and investigators who rely on informant information. It also examines the responsibilities of the chief executive officers, investigations commander, supervisor, and investigator.

Raterman, Max T. "Informant Management and Disciplinary Issues." Police Department Disciplinary Bulletin (September 2000): pp. 2-3.
Notes: Available full text on Proquest database (CJPI).
Abstract: One area of investigations that is frequently the focus of police misconduct is the improper handling of confidential informants. Police administrators must make sure there is an adequate informant management policy in place, then enforce it. By consistently enforcing informant management policies and procedures, police administrators help line-level agents avoid misconduct that can result in serious discipline.

Rosenfeld, Richard, et al. "Snitching and the Code of the Street." British Journal of Criminology (Spring 2003): pp. 291-309.
Abstract: Drawing from interviews with 20 active street offenders, the authors explore the social meaning and consequences of snitching. The snitch violates the code of the street and is universally despised by street criminals. Although few of the respondents reported that they had or would provide information to the police, the interviews indicate that snitching is rampant. They also found that police practices may contribute to the retaliatory violence associated with snitching. The authors concluded that expanded legal access for street criminals may reduce reliance on informers and help contain the spread of violence.

Santiago, Michael R. ""The Best Interests of the Child": Scrutinizing California's Use of Minors As Police Informants in Drug Cases." McGeorge Law Review (Spring 2000): pp. 777-800. Notes: Available full text on Westlaw.
Abstract: January 1998, marked the beginning of the end for seventeen-year-old Chad MacDonald. After being pulled over for a traffic violation, police found eleven grams of methamphetamines in his car. Chad was arrested, and given a choice: Either face a prison sentence, or work for the police as a drug informant. Reluctantly, Chad and his mother chose the latter option, unaware that a third alternative was available, enrollment in a drug rehabilitation program. On March 1, 1998, Chad headed for a reputed drug house in an effort to obtain that elusive "big" drug bust for the Brea police detectives. It was at this house that Chad was strip-searched by three individuals who accused him of being a "narc." Two days later-a week before his eighteenth birthday-Chad's tortured and battered body was found in an alley. Law enforcement agencies should be convinced that children should not be placed in any type of danger in order to fight the war on drugs. Police officers must remember that they have a fundamental duty not only to serve human kind , but also to safeguard lives. This unquestionably includes a duty to protect the lives of children. In recognition of the policy to protect children and prevent such incidents as the tragic death of Chad McDonald, California has recently enacted legislation that attempts to control the practice of using minors as informants.


Schreiber, Amanda J. "Dealing With the Devil: An Examination of the FBI's Troubled Relationship With Its Confidential Informants." Columbia Journal of Law and Social Problems (Summer 2001): pp. 301-69. Notes: Available full text on Lexis/Nexis.
Abstract: Informants are an essential tool of law enforcement. Their use, however, has the potential to raise a variety of legal and ethical issues for the agencies that employ them. This paper examines the relationship between the Federal Bureau of Investigation and its confidential informants, and the problems encountered by their use in criminal investigations. Further, this paper evaluates existing doctrinal and substantive bases that may serve to regulate the informant relationship.

Scuro, Joseph E. "Supreme Court Reviews 'Stop and Frisk' Conduct." Law & Order (August 2000): pp. 12-14.
Abstract: The Supreme Court's "stop and frisk" decision in "Florida v. J.L." is examined. The decision has placed a greater burden on both law enforcement agencies, and individual officers to go beyond information provided anonymously, and to affirmatively and actively take steps to verify its reliability prior to taking action to frisk for weapons.

Simons, Michael A. "Retribution for Rats: Cooperation, Punishment and Atonement." Vanderbilt Law Review (January 2003): pp. 1-54+. Notes: Available full text on Westlaw.
Abstract: This article presents these alternative conceptions of cooperation and explore their practical implications. Part I will provide the overview of the cooperation system. Part II, will summarize the standard utilitarian model of cooperation. Part III will explore the concept of cooperation as punishment. Part IV will explore the concept of cooperation as atonement. Part V will explore the practical implications--both for prosecutors and for judges--of this reconceptualization of cooperation.