Burt

I. Background

On May 22, 2003, Border Patrol Agents Mike Van Edwards and Brian Brown arrested Burt for transporting ille- gal aliens. Burt told the agents that she had information regarding a plan to transport illegal aliens in a semi-trailer that coming weekend. The agents were interested in this informa- tion. Agent Brown decided not to recommend that Burt be prosecuted, and Agent Van Edwards contends he told Burt she would not be prosecuted. Burt agreed to come back the next day to meet with the agents regarding her knowledge of the semi-trailer plan. Burt contends that the agents told her that a warrant would be issued for her arrest if she did not attend the meeting.

The next day, May 23, 2003, Agent George Scott inter- viewed Burt. Agents Brown, Van Edwards, and Mark Friend were also present at the interview. Agent Scott was the only person who took notes during the interview. Burt contends she appeared at the meeting to avoid prosecution. Agent Scott contends he told Burt that she was not a confidential infor- mant, that she should not do anything illegal, and that she should contact him with any information. Burt claims that the agents instructed her to get information…