QUESTION

Are there any written guidelines for the state of tennessee in regards to the use of confidential informants?

Asked on Dec 30th, 2012 on Criminal Law - Tennessee
More details to this question:
Do the Attorney generals guidelines from 2001 have force And effect of law? Do the attorney generals guidelines supercede ?all others?
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1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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The 2001  Attorney General Guidelines that you may be referring to are federal guidelines for federal law enforcement officers, such as the FBI, with respect  to working with confidential informants. You can read a copy here. They were created under Former Attorney General John Ashcroft in 2001. They are not applicable to local law enforcement, unless adopted by them or perhaps working on a joint investigation with local law enforcement..Tennessee, where you are from, has its own guidelines for confidential informants. One set, Procedures for handling cash transactions Related to undercover investigative operations of county and municipal drug enforcement programs ,” current as of May, 2012, is available here.   Law enforcement guidelines are considered internal procedures for the agency that implemented them. With the federal guidelines, because they are merely guidelines, and do not have the force of law, a showing of a failure to comply with the guidelines ordinarily will not be a grounds by itself to dismiss a criminal case. You should consult with an experienced criminal defense attorney in Tennessee, who can tell you what weight the TN courts give to its  states’ guidelines.Jeralyn E. Merritt Ask a Lawyer Panelist Since 1998.    
Answered on Jan 09th, 2013 at 5:44 AM

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