42 C.F.R. § 2.17
Undercover agents and informants
(a) Restrictions on placement. Except as specifically authorized by a court order granted under § 2.67, no part 2 program may knowingly employ, or enroll as a patient, any undercover agent or informant.
(b) Restriction on use and disclosure of information. No information obtained by an undercover agent or informant, whether or not that undercover agent or informant is placed in a part 2 program pursuant to an authorizing court order, may be used or disclosed to criminally investigate or prosecute any patient.
Notes of Decisions
Cited in 3
cases, 1992–2014 · leading case: United States v. Bell, 38 M.J. 358 (1993).
United States v. Bell, 38 M.J. 358 (1993). “Next, appellant cites 42 C.F.R. §§ 2.17 , 2.35, 2.65, 2.67; para.”
United States v. Bell, 34 M.J. 846 (1992). “42 C.F.R. § 2.17 (b) provides: No information obtained by an undercover agent or informant, whether or not that undercover agent or informant is placed in a program pursuant to an authorizing court order, may be used to criminally investigate or prosecute any patient.”
United States v. Roberson (A.F.C.C.A. 2014). “The appellant alleges two errors: (1) the military judge abused her discretion when she denied the defense motion to suppress evidence based on a violation of 42 C.F.R. § 2.17 , and (2) the Government failed to disprove the entrapment defense beyond a reasonable doubt.”
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