Investor Presentaiton
Effective December 1, 2021
Nebraska Criminal Rules
matter to the magistrate judge to reopen the hearing. Unless additional
evidence is received on review, the district judge reviews an order of release
or detention de novo on the record made before the magistrate judge.
46.3 Defendant as Confidential Informant.
Defendants under the supervision of the probation and pretrial services office
under an order of this court may not be used as confidential informants, or in a
manner that would violate any release condition, including any "association"
restrictions, without first obtaining an order modifying the release conditions to
allow for the proposed governmental assistance.
(a) Request for Use as Confidential Informant.
The procedure for obtaining an order to permit a defendant's participation
as a confidential informant and any necessary modifications of conditions
of pretrial release follows.
(1)
Requesting Agency's Initial Duty.
Before asking the court to approve defendant's use as a confidential
informant and any necessary modifications of the defendant's pretrial
release conditions, a representative of the law enforcement agency
requesting the defendant's assistance must:
(A) conduct an in-depth discussion with the defendant and the
defense attorney concerning:
(i) the anticipated relationship between the defendant and
the federal law enforcement agency;
(ii)
the intended targets of the federal agency's
investigation;
(B)
(iii)
the anticipated manner and operation of the
defendant's assistance in the investigation; and
if time permits, meet with a probation and pretrial services
officer to determine which conditions of pretrial release must
be modified if the defendant is to perform duties as a
confidential informant for the agency.
(2) Presentation and Content.
40
40View entire presentation