Reading Room Document

Arrest of Special Agents or Informers During Undercover Assignment

The document discusses a proposed change in FBI policy regarding the arrest of undercover agents or informers during undercover operations. The proposed policy would allow for an emergency exception, permitting agents to provide deceptive testimony to a judge in situations where personal safety or the confidentiality of the operation is at risk. The document presents a review of existing FBI policy and concludes that the emergency exception is necessary, but should be limited to true emergencies. The questions presented for review include the legal and ethical implications of allowing false testimony in emergency situations, as well as the need for prior notification to the court. The document also addresses the need for careful planning and consideration of alternatives to minimize the impact on the integrity of the judicial process and the rights of criminal defendants.

August 24, 1981