Reading Room Document

Fourth Amendment Restrictions on the Use of Informants in Domestic Security Investigations

This document is a memorandum to the Attorney General discussing the limitations imposed by the Fourth Amendment on the warrantless use of informants and undercover agents for domestic security investigations. The conclusions reached in the document are that the Fourth Amendment does not protect against certain risks inherent in human relations, and that an informant or undercover agent may gather information without a warrant only if the person voluntarily grants access to the information. The document presents questions for review, such as whether the Fourth Amendment applies differently to intelligence or counter-intelligence investigations compared to criminal investigations, and whether certain uses of informants may violate constitutional prohibitions other than those contained within the Fourth Amendment.

July 14, 1976