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

Asked almost 2 years ago - Lady Lake, FL

and then take the evidence to the FBI lab him self

Attorney answers (5)

  1. Evan Mitchell Kleiman

    Contributor Level 12

    8

    Lawyers agree

    Answered . 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.... more
  2. Chad Piotrowski

    Contributor Level 9

    8

    Lawyers agree

    Answered . 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.
  3. William David Umansky

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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... more
  4. Frank Mascagni III

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more
  5. Michael George Nichola

    Contributor Level 8

    3

    Lawyers agree

    Answered . 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.

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