1. Building a Narcotics Case

2. Annemarie Braun Senior Assistant Attorney General
Special Prosecutions Unit
Colorado Attorney General’s Office
(303)

3. Doug Smith Detective Northern Colorado Drug Task Force
Fort Collins Police Department
(970)

4. Building a Narcotics Case
Beginning an Investigation
Developing the Investigation
Working with Confidential Informants
Successful Completion of Investigation

5. Building a Narcotics Case
Beginning an Investigation
Task Force Detective On-Call
Narcotics detective on-call 24/7.
Any narcotics complaint is referred to
on-call detective.
Detective responds to call,
evaluates how the case will proceed.

6. Building a Narcotics Case
Beginning an Investigation
On-Call Detective decides…
How to process the current crime scene.
(e.g. meth lab, marijuana grow, stash house)
Whether case requires further investigation.
Whether any witnesses eligible to be informants.

7. Building a Narcotics Case
Beginning an Investigation
Collect Information from Sources
Anonymous Citizens
Crime Stoppers tips
Referrals from patrol stops
Referrals from law enforcement agencies

8. Building a Narcotics Case
Beginning an Investigation
Evalute a Geographical Area “Hot Spot”
Patterns of crime in the area
Impact on the community
Known locations associated with
drug-dealing, criminal activity

9. Building a Narcotics Case
Beginning an Investigation
Gather Law Enforcement Intelligence
Collect various sources of information
Check law enforcement records, databases
Identify targets for investigation

10. Building a Narcotics Case
Developing an Investigation
Establish Goal(s) for Investigation
Examples:
Target individual dealing in particular area
Target particular group trafficking into the
area/community
Target particular location as a “hot spot”

11. Building a Narcotics Case
Developing an Investigation
Corroborate the Existing Information
Law enforcement records checks
Public records checks
Criminal history of target(s)

12. Building a Narcotics Case
Developing an Investigation
Physical Surveillance
Identity of target(s), associates
Locations
Vehicles
Patterns of activity

13. Building a Narcotics Case
Developing an Investigation
Witness Interviews
a.k.a. “Knock and Talk”
Intent to corroborate, expand the existing information.

14. Building a Narcotics Case
Developing an Investigation
Contact Associates, Subordinates
Intent to corroborate, expand the existing information.
Intent to develop a Confidential Informant who can “work” with law enforcement.

15. Building a Narcotics Case:
Confidential Informant
Informer Privilege:
Law enforcement has the privilege to withhold the identity of an informant.
Want to encourage citizens to come forward with information.

16. Building a Narcotics Case:
Confidential Informant
Informer Privilege:
Defendant only gets this info IF he/she can show that info is NECESSARY to the defense.

17. Building a Narcotics Case:
Confidential Informant
Informer Privilege:
CONFIDENTIALITY should be taken very seriously and protected by all parties involved in the case.

18. Building a Narcotics Case
Working with Confidential Informants
Benefits…
CI can give insight into group.
CI can “work” with law enforcement to develop charges on target(s).

19. Building a Narcotics Case
Working with Confidential Informants
Risks…
CI can be not trustworthy.
CI can be unreliable.
CI (probably) has a criminal history.

20. Building a Narcotics Case:
Working with Confidential Informants
Citizen Informant
Paid Informant
Defendant Informant

21. Building a Narcotics Case:
Working with Confidential Informants
Citizen Informant:
Gives info to law enforcement on anonymous basis.
Usually does not “work” for law enforcement.

22. Building a Narcotics Case:
Working with Confidential Informants
Defendant Informant:
Gets caught with dope/breaking the law; then decides to cooperate for a benefit.
“Work” for law enforcement by actively participating in investigation.

23. Building a Narcotics Case:
Working with Confidential Informants
Paid Informant:
May have to disclose how much $$$ CI has received, even in other cases.
Record of all their CI work in all their cases.

24. Building a Narcotics Case:
Working with Confidential Informants
Types of “work”:
Controlled buy – CI purchases dope from target with $ from the task force.
Reverse – CI delivers dope to target for $.

25. Building a Narcotics Case:
Working with Confidential Informants
Types of “work”:
Recorded phone calls with target(s).
Introduce Undercover Officer to target(s).

26. Building a Narcotics Case:
Working with Confidential Informants
Goals of CI “work”:
Corroborate the existing intel.
Develop felony charges on the target(s).
Develop probable cause to support search warrants.

27. Building a Narcotics Case:
Managing Confidential Informants
Strict policies for working with Confidential Informants
Examples
TF Detective is point of contact for CI and that detective deals with CI exclusively.
Task Force Detective never meets alone with Confidential Informant.

28. Building a Narcotics Case:
Managing Confidential Informants
TF Detective makes determination about what CI can actually provide to further the investigation.
Assess if Confidential Informant can do what they claim they can do.
CI’s frequently overestimate their connections in order to get a benefit.

29. Building a Narcotics Case:
Managing Confidential Informants
TF Detective makes determination about what type of CI, what kind of work CI will provide.
Citizen informant, defendant informant, or paid informant.
What are the CI’s motivations to help law enforcement.

30. Building a Narcotics Case:
Managing Confidential Informants
Who should NOT “work” as a CI:
On probation/parole
Pending case/out on bond

31. Building a Narcotics Case:
Managing Confidential Informants
Who should NOT “work” as a CI:
Lengthy criminal history
Violent criminal history
History for lying or fraud

32. Building a Narcotics Case:
Managing Confidential Informants
Who should NOT “work” as a CI:
Anyone whose been caught double-dealing.
Example
CI is informing on his competitor in order to get him out of the way for his own dealings.

33. Building a Narcotics Case:
Managing Confidential Informants
TF Detective makes determination.
District Attorney’s Office must approve.
Confidential Informant must be registered and sign CI Contract.
CI’s contract/file kept sealed and secured.

34. Building a Narcotics Case:
Managing Confidential Informants
TF Detective establishes guidelines for CI’s conduct/activities during the investigation.
CI cannot violated the law.
CI cannot use controlled substances.
CI NEVER acts on their own.

35. Building a Narcotics Case:
Managing Confidential Informants
TF Detective establishes guidelines for CI’s conduct/activities during the investigation.
CI will always be monitored when interacting with the target(s).
CI is aware that there is a possibility of disclosure of identity, and testifying in court.

36. Building a Narcotics Case:
Successful Completion of Investigation
Successful resolution of investigation…
the interruption or the termination of the drug-dealing activities.

37. Building a Narcotics Case:
Successful Completion of Investigation
Ideal Situation for End of Investigation…
Charges are already filed, in place.
Evidence has already been collected.
Arrest / Search Warrants(s) obtained.
Sufficient time to plan the Take Down.

38. Building a Narcotics Case:
Successful Completion of Investigation
Take-Down
Almost always marks the end of investigation.
Targets are now aware of the investigation.
Associates who are not taken into custody at the take-down usually don’t stick around for further investigation.

39. Building a Narcotics Case:
Successful Completion of Investigation
Take Down Preparation:
Charges filed / Indictment
Arrest Warrant(s)
Search Warrants(s)

40. Building a Narcotics Case:
Successful Completion of Investigation
Take Down Preparation:
Safety Assessment for Warrant(s) Execution
Coordinate with DEC, social services if children involved.
Coordinate with local law enforcement

41. Building a Narcotics Case:
Successful Completion of Investigation
Take Down Results: (short term)
All targets taken into custody.
Evidence collected and documented properly.
Targets, associates interviewed and statements collected.

42. Building a Narcotics Case:
Successful Completion of Investigation
Take Down Results: (long term)
Drug-dealing in the particular area is reduced, terminated altogether.
Related crime is also reduced or terminated.
Positive impact of neighborhood, community.

43. Building a Narcotics Case:
Successful Completion of Investigation
Narcotics investigation and detection often has a positive impact on reducing other criminal activity…
Fraud & forgery
Violent crime
Abuse & neglect of children