Seminar on Undercover Operations By GPTOC UN ODCCP

Undercover Operations on the Palermo’s Convention Article 20 Special investigative techniques 1. If permitted by the basic principles of its domestic legal system, each State Party shall, within its possibilities and under the conditions prescribed by its domestic law, take the necessary measures to allow for the appropriate use of controlled delivery and, where it deems appropriate, for the use of other special investigative techniques, such as electronic or other forms of surveillance and undercover operations, by its competent authorities in its territory for the purpose of effectively combating organized crime.

Why Use Undercover Operations? n To target criminal acts committed by secret organized crime groups n To target corrupt individuals who conspire together in secret n Gather evidence that is well hidden n In the U.S., undercover agents are used to authenticate their reports

What is “Undercover” in the U.S. n A technique to disguise the true identity of law enforcement agents –to detect, prevent and prosecute criminal activities –can include proprietary business entities or personnel –can use federal, state and local officers and even collaborators

Constitutional Problems n 1st. And 4th. Amendments (freedom of speech and search and seizure) n privilege will not apply to persons: –who invite conversation –knowingly participate or remain present –when criminal activity is open to the public

Guidelines for ‘UC’ Operations n The risk of personal injury, property damage, financial loss, reputation and other harms n The risk of civil liability and other harms to the government n The risk of violating ones privacy n Interference with privileged or confidential relationships n the propriety of government involvement in criminal activity n serious legal, ethical, prosecutive questions must be answered

Authorization for UC Operations n All operations must be authorized and controlled n Three levels of oversight –the regional SAC authorizes and sends written request to HQ –the regional request is approved by HQ and controlled by committee –Authorization only by the AG

Duration of the ‘UC’ Operation n Initially for 3 months n can be extended by the Committee for 3 month periods

Prohibited Conduct n A ‘UC’ may not participate in acts of violence n may defend himself or others n may not instigate or initiate any plan to commit a crime n may never entrap a person –may not implant the idea to commit a crime he is not predisposed to commit

What can be Authorized? n Misdemeanors or other minor crimes n consensual monitoring even if crime under local law n purchase of stolen or contraband goods n delivery or sale of stolen property n controlled delivery of drugs not for re-sale n more serious crimes but only with approval except in emergencies

Preparing the UC n The agent must be instructed in the: –prohibitions against entrapment –rules against illegal investigative methods –methods to discourage violence committed by persons under investigation

Ethical Considerations n the government is committing crimes n the government knows of criminal activity and ignores it n the government is involved ‘promoting’ crime

UC Operative n Must understand the environment in which he or she will operate –familiarity with customs, dress and language –must ‘fit in’ to be accepted