The Source Who Wants a Wire and Immunity

The agent should not authorize the recording or the buy on the source's timetable alone. Assess the source: prior larceny finding, uncorroborated tip, current admission of handling cash, and motive of money and immunity. Those factors require corroboration and supervisory approval. A written source agreement should define the scope, prohibited conduct, reporting requirements, and no promise of immunity. The agent should verify the source's access and the neighbor's statements independently, and should not direct the source to commit a crime or create one that would not otherwise occur. Recording can be lawful with the source's consent and proper approval, but the agent must check AFOSI policy and applicable state consent law, especially if the buy occurs off base. The agent should also assess risk to the source and the dorm community. Because the supervisor is unavailable, the agent should either obtain after-hours legal or supervisory approval or defer the buy; the first sergeant should receive only a need-to-know update. The source should be told not to arrange anything until approval is documented.

Entrapment risk arises when government agents or their sources induce a person to commit a crime he was not predisposed to commit. The source's statement that the neighbor asked him to sell is helpful, but it is uncorroborated and the source has a motive to exaggerate. The agent should let the source report existing conduct and should not script persistent pressure, threats, or large inducements. Document the source's prior relationship, the neighbor's own statements, and any independent evidence of sales. Use a controlled buy with recorded serial numbers, buy money, a search of the source before and after, and a timely report. Do not send the source to buy more than the approval covers or to introduce the idea. If the neighbor refuses, the source must not push. The agent should also consider whether the source's handling of cash makes him a participant and whether he needs a warning against further dealing. Corroboration through trash pulls, video, or other witnesses reduces reliance on the source. The case file should show that the opportunity existed independent of government action.

The agent must not promise immunity; only a prosecutor can make that decision, and any grant must be documented and approved. The agent can explain that cooperation may be considered but cannot guarantee an outcome. The $600 request should be handled under AFOSI source-payment policy: determine whether payment is authorized, reasonable, and contingent on specific cooperation rather than a conviction or testimony. Put the agreement in writing, including what is paid for, when, and by whom, and have supervisory approval. If payment is not approved, say so clearly; do not imply it will come later. The source should be advised that if he has committed offenses, the agent cannot conceal them, and that his statements may be used. If the source refuses to cooperate without immunity, the agent should document that and continue with independent investigation. The first sergeant should not be told the source's identity. The agent should also consider whether the source needs to be warned about future criminal conduct and whether a prosecutor should be consulted before any proffer. The report should capture the source's exact requests and the agent's exact responses.