Investor Presentaiton
Effective December 1, 2021
Nebraska Criminal Rules
The procedure for obtaining an order modifying conditions of supervision
and permitting the offender to serve as a confidential informant follows.
(1)
(2)
Presenting Request.
The law enforcement agency's request must be presented through
the government's attorney and submitted ex parte to the magistrate
or district judge assigned to the case. In an emergency, any
magistrate or district judge in this district may consider the request
for modification.
Notice to Probation and Pretrial Services Office.
Except in the case of an emergency, the government's attorney must
submit a written request to the Chief United States Probation and
Pretrial Services Officer 14 days before the law enforcement agency
proposes to use the offender as an informant. The written request
shall include:
(A)
(B)
the instructions the agency will provide to the offender for
carrying out the proposed assistance;
information regarding the significance of the intended target
of the investigation;
an evaluation of the risk posed to the offender by using the
offender as a confidential informant;
(C)
(D)
the specific time period of the offender's proposed services as
a confidential informant;
(E)
any projected monetary compensation to the offender; and
(F)
an explanation of why the potential benefit to the government
outweighs the risk created by the offender's re-involvement
with criminal associates.
Use of Offender as a Confidential Informant.
(b)
(1)
Notice to Agency and Defendant.
The probation and pretrial services office must discuss the
requirements of Nebraska Criminal Rule 46.4(b)(2) with the
designated case officer for the law enforcement agency requesting
the offender's assistance in an investigation. The requirements in
44View entire presentation