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Can a C I make a buy with out being searched prior to or after the alleged transaction,

Lady Lake, FL |

and then take the evidence to the FBI lab him self

Attorney Answers 5


  1. C.I. must be searched before and after the alleged transaction. Obviously if he is searched after the alleged transaction then the contraband would be obtained by the investigating agency and they would take it for testing

    An attorney/client relationship is NOT established simply by virtue of The Law Offices of Evan M. Kleiman, P.A. answering any questions herein. Such a relationship will only be established by a formal agreement between the parties.


  2. If the CI is not searched before and after, a lawyer can wreak havoc on the State's case as it is problematic for the prosecutor for a number of different reasons.

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.


  3. Proper protocol is to search the CI before and after the transaction. The purpose of this is to make sure the CI doesn't have any drugs on him that he could use to set up the other person. If this procedure isn't followed, a defense attorney will have a field day on cross-examination. After the transaction, the detective retrieves the drugs from the CI, bags the drugs, and takes them to the property room. The evidence is then delivered to the lab for analysis. The detective doesn't take the drugs straight to the lab. The CI will never hold on to the drugs and the CI definitely doesn't take the drugs to the lab. Something smells fishy.

    This does not form an attorney-client relationship. This is for informational purposes only.


  4. How sure are you of the facts because the facts as told in your question are way out of bounds. And the FBI doesn't seem to be involved in many drug cases. Its usually the DEA lab that weighs and analyzes suspected illicit substances. Nevertheless, there is little "law" about the conduct of CI's. The basic rule per appellate case law is that a CI cannot be paid based on a target's conviction.

    Some law enforcement agencies have more operating guidelines than other agencies. For example, I've seen convicted murderers serve as paid CI's and travel the country serving as CI's for the Tasks Force of which the DEA is a member.

    The lax rules over CI's stems from the fact that most drug transactions are audio recorded. Without the recording, the prosecution's case is weak.


  5. I have never heard of an informant taking the drugs to the "FBI lab" in my 36 years on practice. This cannot be right. Consult with you criminal defense attorney who will know what motions to make.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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