Q: Is it legal for law enforcement to use a CI for drug deals in a home with children?

A: If the confidential informant for the government admits on the stand that he participated in a drug deal, then he has admitted that he has committed a crime. Many times DAs ignore the crime here committed, but cross examination of LEOs can disclose a question why the defendant is charged but not the CI. This is why rarely do undercover cops get on the stand: they do not want to admit to felonies. But CIs usually have many convictions, so it does not matter. Hire a very good attorney to represent you. Sometimes I practice in Henry County myself.

A: No, law enforcement cannot freely use a confidential informant (CI) to enter a home and conduct a drug deal without serious legal questions being raised, especially when children are involved. If the CI was let in by children without parental consent, that raises Fourth Amendment concerns about unlawful entry. Consent to enter a home typically must come from someone with the authority to give it—young children usually don’t qualify.

Using a CI to set up a drug transaction in a home where children are present puts those children at risk, and courts have frowned on law enforcement tactics that endanger minors unnecessarily. If the person who lives there was unaware of the drug deal and didn’t authorize it, that also weakens any case built from that operation. Law enforcement is supposed to avoid creating dangerous situations, especially when vulnerable people like kids are present.

If this happened to you or someone you know, there may be grounds to challenge how the evidence was gathered. Any drug charges could be tainted by the illegal or unethical use of a CI. You might want to look into whether your Fourth Amendment rights were violated and speak with someone who can help you sort through the legal side. This kind of situation can have serious consequences, and you shouldn’t face it alone.