Informants and undercover investigations : a practical guide to law, policy, and procedure

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書誌事項

Informants and undercover investigations : a practical guide to law, policy, and procedure

Dennis G. Fitzgerald

CRC Press, c2007

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

Informants are an invaluable, often instrumental aspect of criminal investigations, but they do present certain management issues. In the necessarily clandestine world they inhabit, the imposition of institutional control presents unique challenges. Lack of training and communication among law enforcement professionals tend to ensure the same errors are repeated time and again. Informants and Undercover Investigations: A Practical Guide to Law, Policy, and Procedure is the most comprehensive examination of informant related issues in a single volume. Designed as a sourcebook with clear explanations of applicable laws, department policies, and time-tested procedures, each chapter addresses a distinct topic, allowing reader sto quickly locate a particular subject. Using pertinent Supreme Court, federal, and state cases; statutory law; federal, state, and local law enforcement guidelines; and field-tested training materials; this book provides relevant information to all levels of investigation from basic search warrant cases to complex criminal investigations. The author provides the most current and verified information regarding informant motivation, including mitigated sentencing and monetary compensation; recruiting; documentation; corroboration; electronic surveillance; and the witness security program. He addresses the pitfalls and management challenges of handling an informant and recommends strategies for avoiding them. Extensively researched appendices cover the Attorney General's guidelines for use of informants, FBI undercover operations, IRS informants, DEA policy for cooperating sources, as well as examples of local policy. Shedding light on the shadowy world of informants and undercover investigations, this book provides law enforcement officials, legal professionals, and criminal justice training institutions a single source reference to understand and streamline the use of this indispensable yet notoriously unpredictable investigative tool.

目次

Informants and Sources Defined Generally Federal Bureau of Investigation Drug Enforcement Administration U.S. Immigration and Customs Enforcement Bureau of Alcohol, Tobacco, Firearms, and Explosives Internal Revenue Service U.S. Marshals Service Central Intelligence Agency State and Local Law Enforcement Agencies Motivations to Cooperate as an Informant Generally Money Fear of Punishment Fear of Criminal Associates and Revenge Citizen Informants Walk-In Informants Jailhouse Informants Furloughed Prisoners Repentance Excitement Police Buffs The Double Agent Unwitting Informants Brokered Informants Recruiting Informants Ruby Ridge Factors in Recruiting Arrested Defendants Old Cases "Immunity" and Compelled Testimony Negotiated Plea Agreements Nonprosecution Agreements Other Recruiting Strategies Sources of Compensation for Informants Generally DEA Awards and Compensation to Cooperating Individuals Tax Responsibilities Immigration and Customs Enforcement Awards and Compensation to Sources Federal Bureau of Investigation Compensation for FBI Informants and Confidential Sources Informant Lawsuits Trafficker Directed Funds Whistleblowers Sharing of Federally Forfeited Property with State and Local Agencies Cooperation and Contingency Fee Agreements Generally Proprietary Agreements Contingent Fee Agreements Contingent Fee Agreements and the Courts Fifth Circuit Eighth Circuit Informant Documentation and Identification Generally Documentation Data Format Informant Code Numbers and Assumed Names Once Documented, Who "Owns" the Informant? Undercover Purchases of Evidence by Informants and Probable Cause Generally The Controlled Undercover Purchase of Evidence Initial Informant Debriefing Search of Informant and Vehicle Funds Provided for the Purchase of Evidence Observation of the CI Entering and Exiting the Location Postbuy Informant Search Follow-Up Informant Debriefing Informant's Statement Informant Purchases Informant Introduction of Undercover Agent Corroboration of Informant Information Generally Surveillance Mail Covers "Trash Runs" Telephone Toll Records Credit Card and Financial Records Criminal History Record Systems National Crime Information Center (NCIC) Information Obtained from Public Record Sources Polygraph Examination of Informants Informants and Electronic Surveillance Generally Consensual Telephone Conversation Intercepts Concealed Transmitters Tape Recorders Establishing Consent Video Surveillance Use of Informants in Telephone Wiretaps Controlling the Informant Generally Agents and Prosecutors Investigations Governmental Liability for Torts Committed by Informants Applicable FTCA Intentional Torts Exception Development of the Entrapment Defense Application of the Entrapment Defense Evidence of Government Inducement Proving Predisposition Timing of Predisposition The Witness Security Program Historical Overview of the U.S. Witness Security Program Administration and Eligibility for the Witness Security Program Informants, Aliens, and Nonfederal Witnesses Program Participant's Financial Obligations Psychological Testing and Evaluation Memorandum of Understanding Denying Admission to the Witness Security Program Entering the Program Requests for Witness to Return to Danger Area for Court Appearances, Pretrial Conferences, and Interviews WITSEC Participants as Informants Ejection from the WITSEC Program Short-Term Protection Program The Emergency Witness Assistance Program Witness Protection Alternatives Offered by Investigative Agencies Criminalizing Acts Taken against Witnesses Crimes Committed by WITSEC Participants Liability Issues at the State and Local Level Prisoner-Witnesses Appendix I Appendix II Appendix III Appendix IV Appendix V Index

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