informants, surveillance and undercover operations

Undercover operations are the third special investigative tool included in the Organized Crime Convention. This can be in the form of the UC assuming the identity of a child to investigate child molestation cases or perhaps the . The pressure became so intense that he even contemplated suicide. Crossing the Line is a visceral, gripping account of what it really takes to be an undercover cop. The theory behind not wearing a uniform is that it removes any impediments to acquiring information. For example, considerable evidence has been shared with law enforcement agencies and OCABC officers have provided expert evidence to broaden the understanding of OC activities by the courts. As for interdiction of the airborne drug traffic, just 5 percent of planes crossing into the southwestern US are intercepted (Shannon, 1988:419). FOOT (best to use leapfrogging teams to throw off suspect, always carry something) POLICY (640.95) Undercover operations, investigations and missions are inherently dangerous. Increasing consumption may be viewed as inherently undesirable and may create a variety of social, health, and economic costs (Abadinsky, 1994:512-513; President’s Commission on Organized Crime, 1986:330-331). Bad informant, bad case. & R. Ward. Just wanted to bring that to your attention! When these strong and sometimes conflicting attitudes toward covert surveillance by government informants are combined with the well-documented history of government abuse, both at the federal and state levels, in spying on its citizens, 3 Cybercrime Case Presentation is a "first look" excerpt from Brett Shavers' new Syngress book, Placing the Suspect Behind the Keyboard. A variety of other restrictions exist at the constitutional, statutory, and local levels. This changed with Katz v. U.S. in 1967 to a person-based conception of privacy, meaning that privacy exists when and where a person makes reasonable efforts to maintain it (reasonable expectation of privacy doctrine). Bad informant, bad case. Another illustration of the limitations of interdiction strategies was seen in the early 1980s, following the establishment of the South Florida Task Force in 1982. Miller, G. (1987). Criminal sanctions are generally viewed as a last resort. At the time of executing a wiretap order, a professional effort should be made by officials to minimize the interception of irrelevant conversation. Found inside – Page 176information to his “informant” in return for financial rewards made available by the organized crime bosses.14 As with surveillance and undercover operations, the use of informants gives rise to privacy concerns, albeit these might be ... The drug war and its consequences strained America’s relations with several Latin American countries (Nadelmann, 1988). 1. Crop eradication efforts aimed at the coca crop in Bolivia and Peru, and the poppy crop along the Afghan-Pakistani border, have also met with dismal failure (Shannon, 1988:364-367; Atlas, 1988). His work led to more than 100 convictions of OC figures (Albanese, 1996:181). Thus, some of the major cartels would continue to operate. operations are fine, but "not in my backyard" is a common view. The clothing of drug addicts always doesn’t fit right because they’re constantly losing or gaining weight. Sound FBI intelligence work, for example, laid the groundwork for the successful prosecution of many members of New York City’s five Cosa Nostra families. List and explain three tactics of informant debriefings and their importance to a safe and successful undercover operation. Change ), You are commenting using your Twitter account. Even if this rate could be increased, Latin America’s coca growing could be raised accordingly. Carnivore is not an information-gobbling monster that violates privacy. Also, drug traffickers are adept at adjusting their routes, modes of transportation and concealment, and times of entry in response to interdiction efforts (Reuter, Crawford, and Cave, 1988). TELEPHONE (tap at any of 4 locations: house, area, main, or bays of central offices) Δdocument.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); LEO tutorial on informants / surveillance / undercover operations. The subject may drive down a one-way street the wrong way or make an illegal U-turn to see if you are determined enough to follow him. Unlike wiretaps, pen registers and trap and traces require no notice to persons that their communications have been intercepted. Carter asserts that regulations need to be comprehensive, so as to avoid loopholes that might be exploited by unscrupulous operators. Above all, you should avoid using what is called an “agent provocateur” who is a person who provokes or incites crime, such as someone who urges a mob to riot or urges someone armed and angry to shoot. An interesting piece:. One car follows the subject, another leads, and another two maintain positions on parallel routes. The average length of surveillance operations has doubled from 19 to 38 days. If you lose your suspect, don’t feel ashamed. Witness cooperation. That’s because informants are often used in the loose, early phases of an investigation to develop leads, and the activity of managing informants almost always involves compromising the integrity of law enforcement. An inform - Undercover operations may compromise the privacy of investigation targets or third parties. Drug enforcement is not only costly; it has also been shown to be limited in its ability to curtail supply (Lyman and Potter, 1991:325). case basis to provide financial credibility for an asset/informant, cooperating witness or Undercover Agent or to consummate a proposed . Murphy, H. (1976). Undercover and Sensitive Operations Unit Attorney General's Guidelines on FBI Undercover Operations Revised 11/13/92. 4.13 Undercover Operations and Informants. Cannavale, F. (1976). He further notes that research is required to identify the types of cases, locations, and suspects in relation to whom it is most cost effective, as well as the investigative tools with which it works best. In 1986, a dollar spent on interdiction yielded over seven dollars (retail value) in cocaine and marijuana seizures, whereas a dollar spent on investigation yielded just over three dollars in seizures. Senate. Marx, G. (1982). INTERNET RESOURCES Avoid the obvious giveaways: never peek over a newspaper, never sneak peeks from around a doorway. Prohibition in the US during the 1920s and 1930s transformed OC from small peddlers of vice into powerful crime syndicates with political connections, respectability that came from serving the public the alcohol they desired, and the organization to deliver contraband to large numbers of people (Lyman and Potter, 1991:323). Pilant, L. (1993). NY: Columbia Univ. Today, most police departments only allow (and encourage) their detectives to cultivate informants, but there are inconsistencies in how they are registered and handled. They will be prepared for this with bail money set aside and a lawyer on retainer to set up an entrapment defense, guarantees of immunity, and/or a written salary agreement. Another useful typology is presented by Weston & Lushbaugh (2003) who distinguish the usefulness of the informant as well as the quality of their information: basic lead informant — usually a friend or acquaintance of a criminal with any number of possible motives who is most useful and accurate at revealing the whereabouts or geographical location of persons or property, participant informant — usually a go-between or arrestee turned informant who helps police instigate a drug sting or reverse transaction or lure a suspect into surveillance, covert informant — usually someone deep inside a criminal organization with a falling out or difference of opinion and wants to provide spot intelligence over a period of time as long as their identity is protected and a pleasant future guaranteed for them, accomplice-witness informant — usually a co-defendant in a criminal case who agrees to testify for the prosecution and/or do one last undercover operation (by being wired for sound) in return to the package deal of immunity and the witness protection plan. It simply means that the department overall must think about maintaining its integrity by calling in anyone who has been doing this kind of work so that they can salvage their usefulness as a regular police officer. The law also creates official legal roles for informants, undercover investigators and sting operations. Finally, there is the oldest typology of motives which has been around for some 40 years simply because they never change (Harney & Cross 1960): fear — people who feel threatened by the law or by other criminals (most police believe this is the best motivation), revenge — people, like ex-wives, ex-girlfriends, ex-employers, ex-associates, or ex-customers who want to get even, perversity — people who are cop wannabes or think they’re James Bond and/or hope to one day expose corruption, ego — people who need to feel they are smart “big shots” and/or outwitting those they see as inferiors, money — people who, like mercenaries, will do whatever it takes if the money is right, repentance — people who want to leave the world of crime behind them and/or citizens fed up with crime. This way, your backup can track you if they have to. Subcommittee on Criminal Law - 1985 Informants, Cooperating Witnesses, and Undercover Investigations - Dennis G. Fitzgerald - 2014-11-05 Prosecutors used the evidence in an ongoing series of criminal and civil proceedings. A surveillance officer, sometimes called an intelligence, cover or tactical officer, who works in plainclothes and who works with the undercover unit but not in an undercover capacity . 4.13 Undercover Operations and Informants. The taxicab company will tell you the destination. Change ), You are commenting using your Facebook account. (1999). Found inside – Page 329... see also Legal issues audio surveillance with, 118–119 corroborating informant testimonies with, 102 in flash-roll transactions, 37 in informant drug purchases, 105 prebuy planning using, 34–35 undercover operations and, ... It also usually means that the same information is coming from different sources and has been checked out, or tested, as reliable. Two things that will automatically tip any drug dealer off are: (1) familiar customers introducing strangers who want to buy drugs; and (2) small-time users who suddenly want to buy large quantities. Investigative. “Achieving state of the art police surveillance.” Police Chief Magazine (June): 25-30. (2000). [author’s website] . Pen registers are used the most frequently, followed by trap and traces as second in frequency of use, and full all-content wiretaps as the least frequently used. Wiretapping is also authorized under the Foreign Intelligence Surveillance Act of 1978. Found inside – Page 43operations , physical surveillance , mail covers , and other types of techniques . Mr. Hotis . Since the preliminary inquiry can be ... What about the use of undercover agents or informants ? Mr. Hotis . Under existing guidelines we can ... While the above-mentioned examples of increasing regulation show considerable promise, comprehensive evaluations must consider the potential adverse affects of additional regulation on an industry. While these apparent successes were being achieved, the price for the target drugs was dropping and purity increased significantly. (1993). Sting operations of this type sometimes produce many convictions, but may be costly, involving many officers over a considerable period of time (Albanese, 1996:181). 4.13 Undercover Operations and Information, 4.16 Reducing the Supply of Illegal Goods and Services, 4.17 Increasing Regulation and Establishing Public Benefits Corporations, 4.18 Legalization or Decriminalization of Certain Goods and Services, 4. Interdiction at the border has the additional advantage of lessening the social costs of drugs, as intercepted substances never generate the social and health-related problems associated with drug distribution and use. All surveillance and cover officers will be present for the operational briefing prior to the planned operation. Thanks for this post! They may also be hostile to the US and hence unmotivated to curtail production. O’Connor, T. (2003). In rural areas, you must lie further back and know the terrain. Whether you're new to organized crime investigations or a seasoned veteran, this book will help you more effectively combat some of the most challenging criminal enterprises in the world! Book jacket. Similarly, playing on a suspect’s weaknesses such as their vanity or tendency to boast, could be construed as trickery if it was being constantly prompted by an informant. Press. Thirdly, there are documentation and notification requirements. A system is usually put in place for the officer to turn over evidence on a systematic basis or en masse at one time. Two-thirds of all cocaine entering the US is brought across the US-Mexico land border concealed in cargo (US General Accounting Office, 1994:5). INFORMANTS, SURVEILLANCE, AND UNDERCOVER OPERATIONS "Good informant, good case. However, this review did not uncover any assessments of the use or impact of such intercepts. Products and services that are decriminalized may nevertheless be subject to regulation (Kenney and Finckenauer, 1995: 197). The extensive surveillance of civil rights leader Martin Luther King, Jr., in the 1960s, is just one example of the potential abuse of this investigative tool for political or other ends (Krajick, 1983:30). That was addressed in the Foreign Intelligence Surveillance Act of 1978, which set up a special review court in Washington D.C., and made the standard a proportionality test (the benefits of surveillance outweigh the harms). On FOOT, a suspect can easily shake off a single follower without too much trouble. No informant, no case." (Police saying) The ability to be resourceful at information gathering and collection is the key determinant of success at policing and with criminal investigation. Aerials, communications gear, and other equipment should not be visible. Undercover work is dangerous—the danger appears to increase in proportion to the severity of sentences targets of such operations stand to serve—and open to manipulation (Beare, 1996:190-191). DIR 660.33 Informants . Cultivated sources typically include people doing business around an area where criminals conduct their business. OC groups took advantage of this situation by burying toxic waste along with construction debris, unbeknownst to property owners. The evaluation of intelligence work in general is in its early stages. Best regards. Found inside – Page 412... including court - ordered electronic intercepts ; long - term undercover operations ; extensive physical surveillance , including the use of aircraft ; high echelon , quality informant coverage ; and cooperating witnesses . In Colombia, for example, pressure against the drug cartels led some of their henchman to take up kidnapping for a living, thereby dramatically increasing the incidence of this crime (Abadinsky, 1994:512). Of all the kinds of police assignments, undercover work puts you at most risk of corrupting your integrity. For example, there are so many foreign and domestic sources of marijuana, that much of its production and distribution would remain beyond the reach of regulators (Lyman and Potter, 1991:324). These Guidelines on the use of undercover operations by Offices of Inspector General (OIGs) apply to those offices of Inspectors General with law enforcement powers received from the Attorney General under section 6(e) of the Inspector General Act of 1978, as amended, 1 Any of Learn vocabulary, terms, and more with flashcards, games, and other study tools. trust between ___ is crucial for a successful undercover operation. Nov. 22, 2019, 11:53 AM PST. The executive officers of this Commission included attorneys and police detectives with experience in OC investigations and prosecutions. There are also problems in interpreting conversations (e.g., a "hit" can refer to a murder or robbery) and in the validity of what people are overheard to say, as they may be lying or bragging. Each member of the team will have different facts, and these must be correlated to make a complete report. The efforts could be branded a success from a narrow perspective, as this aggressive law enforcement effort yielded unprecedented totals in terms of seizures, indictments, arrests, convictions, and asset forfeitures. This study also found that a ten percent increase in law enforcement expenditures increases the cost of illicit drugs and thereby occasions a 4 percent drop in marijuana consumption and a 2.4 percent drop in cocaine consumption. ( Log Out / Inspecting each truck at the Mexican border would paralyze commerce, causing delays that would cause fruits and vegetables to rot. For example, the proliferation of state-run lotteries in the US during the 1970s was said to produce no threat to the revenues of illegal gambling operators (Reuter, 1984). Smarter subjects will go up to a uniformed officer and point you out as someone who is following them. Furthermore, governments in many producing countries are weak and unable to control crop production. Despite the value of electronic surveillance, it constitutes a considerable invasion of privacy and hence must be governed by strict regulations in non-totalitarian societies. Law of Undercover Operations Secondly, any application for a wiretap must be reviewed and signed by a politically accountable official before going on to a judge for approval. Anyone who engages in participant-observation runs the risk of “going native”, and it takes tremendous self-discipline to keep from doing so. Two officers can also LEAPFROG a suspect. Norris, C. & C. Dunnighan. Voluntary compliance and civil or administrative sanctions have been the standard means of environmental crime control (Carter, 1996/97:28). The following Guidelines on the use of undercover activities and operations by the Federal Bureau of Investigation (FBI) are issued under the authority of the Attorney General provided in Title 28, United States Code, Sections 509, 510, and 533. If the suspect checks into a hotel, get the room number from the clerk and a record of outgoing phone calls. Fuller, C. (1998). The GAO report says that Central American countries tend to lack the resources and institutional capacity to address the new drug trafficking modes. All you have to do in managing such people is keep them from doing or provoking criminal things, but also keep them close to their own sources of knowledge about criminal happenings which you conveniently check out for corroboration purposes. The informer in law enforcement. Most surveillance has physical and electronic aspects, and is preceded by reconnaissance, and not infrequently, by surreptitious entry (to plant a monitoring device). Learn all you can about your subject and the neighborhoods in which you will be operating in. Rather than increasing regulation, the decriminalization of some goods and services provided by criminal networks might lessen the social demand that fuels OC. Undercover officers tend to get paranoid after a while, feeling like they have “cop” written across their foreheads. Their value is worthless because evidence law sees them as saying or doing something out of self-interest. Undercover operations. When foot traffic is light, it may be best to cross to the other side of the street which is less likely to attract attention from the subject. In some situations, however, the Jencks Act or court decisions involving Brady v. Maryland may be invoked, forcing the prosecutor to at least turn over a transcript of statements made by the informant. The low cost of informants, and their ability to provide information more quickly and, in some cases, at lower risk than undercover investigations or electronic surveillance, suggests they will remain an important investigative tool in organized crime cases. In this method, one officer follows while the other moves well ahead, usually on the opposite sidewalk. Peterson (1994) notes that few agencies in the US have attempted to quantify their analytical efforts, let alone evaluated them. Youngsville, NC: Law Enforcement Associates. In important cases where it is worth using more than two cars, the PERIMETER-BOX technique provides maximum security while minimizing the risk of detection. At law, there is a presumption of truth in anything someone says or does against their self-interest or safety, not in their self-interest if criminal charges are pending against them. The following are prohibited by this law enforcement agency: a. Danger and temptation play roles in the late stages. The book concentrates on the risks involved in the management of human sources (confidential informants), surveillance and undercover work, but the methodology outlined in the book has been readily adapted to meet many law enforcement requirements including officer safety, overt patrolling, witness protection and protective security. This handbook introduces the reader to the field of terrorism investigation. Describing how terrorists operate and how they differ from other criminals, it provides an outline of how terrorism investigations should be conducted. Although your joint report should have differences between officers ironed out, it is OK to have differences of opinion in the report if they can’t be reconciled. When the subject passes, the lead officer moves in behind while the backup officer moves ahead and becomes the lead officer. . Burlington: Ashgate. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Fundamentals of criminal investigation. Introduction to investigations. Bethesda, MD: Austin & Winfield. Furthermore, the regulation and taxation of drug markets may prove to be an insurmountable challenge. VEHICLES used for surveillance should be as unobtrusive as possible. Such examples led some observers to comment that the war on drugs had significantly diminished the civil liberties of Americans. Avoid catching anybody’s eye. Apprehended criminals who turn informants (or “flip” as its called) in hope of having their charges dropped or reduced have NOT been cultivated. They can turn their surveillance back on once the criminal activity starts up again. Separate teams of FBI agents were responsible for describing each family’s organizational structure—identifying all members and their status within the organization—and determining the industries and rackets in which the family was involved (Jacobs and Gouldin, 1999: 163). These operations occur in many countries with different types of oversight. Each law requires a report to Congress every year, and each law requires a court order for every tap, although under FISA there is some leeway, including the possibility of getting court orders retroactively. A clear chain of command must be established, and every officer must fully understand what is expected. Undercover (UC) agents email, text, and chat with suspects online to communicate. ( Log Out / Indoor posts, however, permit the most use of equipment, such as spotting scopes, cameras, and recording devices. The retail price of cocaine on the streets of American cities did increase from 1989 to 1990, indicating that enforcement efforts may have started to pay off in the 1990s (Lyman and Potter, 1991:261). The average length of surveillance operations has doubled from 19 to 38 days.

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