Author Archives: The Hawk

About The Hawk

The Hawk roams the web to find interesting news stories. He is particularly interested in covert policing around the world - nothing escapes his notice!

New law requires jailhouse witness statement corroboration

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As reported by the San Francisco Chronicle, Governor Jerry Brown of California has approved bill SB687 which will require prosecutors to corroborate jailhouse witness testimony in court. The statements of jailhouse witnesses, prisoners that inform against fellow inmates, will no longer be sufficient evidence to find a defendant guilty of a crime. Prosecutors will now have to ensure that additional independent evidence is gathered to support charges against the defendant.

Whilst some people have argued that this will make it harder to secure criminal convictions, supporters of the new legislation argue that it will help to prevent miscarriages of justice based on jailhouse informants who may have reasons to fabricate statements against fellow inmates. 17 other states have already introduced similar legislation.

Police forces and prosecutors will now face the challenge of putting processes are in place to make sure that appropriate evidence is gathered following witness statements from jailhouse informants. ABM’s abmpegasus Debrief module is designed to do just that.

California Assembly passes confidential informant legislation

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The California Assembly has passed bill SB 687 which would prevent criminal conviction based solely on the uncorroborated testimony of a jailhouse informant. The bill recognises the need for informants in the fight against organised crime, yet it also accepts the inherent pitfalls of confidential informants who may have hidden agendas in testifying against other suspected criminals.

SB 687, which is supported by San Francisco and Los Angeles County’s District Attorneys, aims to reduce the potential for wrongful convictions based on informants’ testimony.

The bill is now awaiting approval by the governor of California and it will have implications for law enforcement across the state. Law enforcement agencies will have to take more care in the collection and management of intelligence to ensure that evidence against suspected perpetrators of crime is sufficiently strong.

More at http://sfappeal.com/news/2011/07/jailhouse-informant-bill-passes-assembly.php

Is a confidential informant’s testimony worth $400k?

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As reported on NewsOn6.com, a key witness in the Tulsa Police corruption case is hoping to get $400,000 from authorities after helping the FBI to build a case against corrupt Tulsa Police officers. There will always be controversy over paying convicted criminals to provide information to law enforcement, but it is surely impossible to put a price on the value to society in rooting out corrupt officials.

California police officer charged for giving marijuana to confidential informant he was having affair with

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San Leandro Police Detective Jason Fredricksson has been charged for giving over one pound of marijuana to an informant he was having a relationship with, according to the San Francisco Chronicle. The detective’s wife, who also works for the police department, has also been placed on paid leave during an internal investigation. Jason Fredricksson was highly respected by fellow police officers and this case illustrates the need for police departments to improve general oversight of interaction with confidential informants and narcotics investigation. Read more at http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/05/21/MN3S1JILUK.DTL

FBI agent charged for protecting confidential informant

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FBI Special Agent, Adrian Busby, has been charged for making false statements to protect a confidential informant who he was allegedly having an affair with. The confidential informant had been charged for identity theft leading Busby to give confidential FBI documents to her attorney to help her defense. He later denied this.

Busby’s relationship with the confidential informant clearly led him to subvert the cause of justice, illustrating the need for law enforcement to closely manage and oversee the use of informants. Busby faces up to 10 years in prison for the false statements that he made.

Read more at NYDailyNews.com

Informant steals 13 times but criminal cases not in jeopardy

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A confidential informant (CI) who helped police make several controlled drug buys is suspected of committing 13 burglaries. However, the District Attorney says that Blair County Drug Task Force and Altoona Police have enough evidence to press forward with the drug cases where the informant, Michael Lattieri, was used. It is understood that only one of the burglaries occurred while Lattieri was acting as a CI.

This case illustrates the need to carefully consider the risks associated with each CI. Most CIs have committed crime(s) in the past and, if appropriate measures are not taken, reoffending could lead to abandonment of cases.

Full report on Altoona Mirror

Use of informant upheld

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An appeals panel ruled this week that the case against John Garcia, a US attorney, was justified. According to Courthouse News, two California police officers searched Garcia’s officers and arrested him after a confidential informant revealed details of a methamphetamine smuggling operation. Following his release, Garcia sued the officers, arguing that the search warrant and his arrest relied too heavily on the testimony of the informant. A three-judge federal appeals panel declared that Garcia’s arrest was lawful, stating that the police officers had various corroborative reasons to conduct the search and arrest. The decision makes it clear that the use of informants is a justified tool for law enforcement.

Read more at http://www.courthousenews.com/2011/05/05/36375.htm

Legalising drugs probably wouldn’t reduce police corruption

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I have to conclude that Radley Balko’s article “War on Drugs Corrupting America’s Cops” fails to fully understand the reason behind corrupt behaviour in narcotics law enforcement. It is not the “war on drugs” causing police corruption – it is process failure and lack of accountability. If processes are properly followed and senior law enforcement officers have proper oversight of covert activity, there is little opportunity for corrupt behaviour to occur. Every example that Balko uses could probably have been avoided if systems were in place to properly record and monitor covert activity.

Removing drug prohibition does not solve the problem – accountability issues will still remain. The answer is to improve management oversight across all covert operations and make it harder for police officers to stray away from acceptable behaviour.

San Francisco Police to review use of confidential informants

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The tensions between the operational need for confidential informants and the requirement to maintain police integrity have made themselves clear in yesterday’s San Francisco Examiner article.

Police Captains clearly see confidential informants as an essential part of policing. However, police bosses have to balance this with the need to operate in a safe, legally compliant and transparent way. The Examiner article reveals that the way in which confidential informants are managed is currently being reviewed at San Francisco Police Department. By improving management processes and officer training, SFPD will hope to reduce opportunities for police misconduct whilst still allowing the agency to benefit from the invaluable intelligence that confidential informants provide.

Terrorist Informants – good or bad?

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Wadie E. Said’s article, “The Terrorist Informant“, on the use of confidential informants in the fight against terrorism concludes that “the use of informants in federal terrorist prosecutions has been an overall failure” and that “the government should cease its current practice of using informants to generate terrorism prosecutions”.

Whilst Said does put forward a coherent argument for his case, I can’t help but feel that his conclusion is too simplistic. The use of confidential informants is complicated and involves risks, but the rewards for protecting citizens from terrorist activity can be great. Indeed, the benefits of utilising informants can save lives.

It is not satisfactory to say that informants should not be used. By improving the way that informants are managed, including proper risk assessment and monitoring, many of the legally contentious issues of informants can be averted. Informants are a crucial component in today’s law enforcement toolbox and a critical part of intelligence-led policing.