An offender under the probation and pretrial service office's supervision may not
serve as an informant for a law enforcement agency without a court order
modifying the conditions of supervision and permitting the offender to serve as an
informant.
(a) Request for Use as Confidential Informant.
The procedure for obtaining an order modifying conditions of supervision
and permitting the offender to serve as a confidential informant follows.
(1) 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.
(2) Notice to Probation and Pretrial Services Office.
Effective December 1, 2025 Nebraska Criminal Rules
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) the instructions the agency will provide to the offender for
carrying out the proposed assistance;
(B) information regarding the significance of the intended target
of the investigation;
(C) an evaluation of the risk posed to the offender by using the
offender as a confidential informant;
(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.
(b) Use of Offender as a Confidential Informant.
(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
Nebraska Criminal Rule 46.4(b)(2) must also be included in any
written agreement between the defendant, the defense attorney, the
government's attorney, and the investigating agency.
(2) Requirements and Restrictions.
(A) Unauthorized Criminal Activity.
The offender must not participate in any activity that would
constitute a crime under state or federal laws without authority
and approval of a law enforcement agency.
Effective December 1, 2025 Nebraska Criminal Rules
(B) Safety.
The offender must not be used in any manner that might
jeopardize the offender's safety without prior court approval.
(C) Instruction Changes.
Any development that would require any significant change in
the operating instructions or conditions of supervision must be
brought to the probation and pretrial services officer's
attention and submitted to the court for approval.
(D) Length of Participation.
The time period for participation as an informant must not
exceed 90 days without prior court approval. If circumstances
develop that indicate the need for an extension beyond 90
days, the government must request the court in writing for an
extension.
(E) Notice of Completion.
When the offender's services as a confidential informant are
complete, the probation and pretrial services officer must
specifically advise the offender in writing that the offender (1)
is no longer authorized to act as an informant and (2) must
refrain from all associations or activities previously authorized
for the performance of this service. The offender must provide
a written receipt of this notice.
(F) Reports.
The probation and pretrial services officer must send the court
(1) periodic reports as necessary to make changes in the
agreement and (2) a closing progress report.
(G) Notice of Violations.
While the offender serves as an informant, the sponsoring
agency must promptly inform the court, directly or through the
probation and pretrial services office, of any violations of the
cooperation agreement, including any other criminal activity.
The sponsoring agency must also immediately inform the
probation and pretrial services officer when the sponsoring
agency believes that the probation and pretrial services officer
Effective December 1, 2025 Nebraska Criminal Rules
may be in danger due to the offender's activity.
