Category Archives: US Law enforcement

US law enforcement

Addressing sexual offenses and misconduct by law enforcement

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Published June 2011, the International Association of Chiefs of Police (IACP) executive guide to “Addressing Sexual Offenses and Misconduct by Law Enforcement” raises some troubling questions for law enforcement agencies across America and beyond. Failure to maintain adequate management oversight of officers’ actions can be an important factor contributing to the risk of sexual misconduct. Law enforcement agencies looking for a solution to the problem should consider abmpegasus – a leading software system for law enforcement that improves management oversight of undercover policing activity.

Reported on this blog just yesterday was the case of Vancouver Police Department (WA), where four officers have been disciplined after it was revealed that a confidential informant handler was having an inappropriate relationship with his informant. Such behaviour seriously damages the reputation of law enforcement agencies and it is essential that agencies take strong action to prevent such transgressions.

Another officer disciplined in confidential informant mismanagement case

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Vancouver Police sergeant Duane McNicholas is the latest officer to be disciplined following an investigation into the mismanagement of confidential informant, Tegan Rushworth. As reported by The Columbian, Rushworth, an attractive former Fort Vancouver Rodeo Queen turned methamphetamine user, was working for the police department as a confidential informant. Her handler,  Erik McGarrity, engaged in an inappropriate sexual relationship with her. It appears that McGarrity and the other three officers failed to arrest Rushworth despite a warrant being issued for her arrest.

This case illustrates the need for law enforcement agencies to implement robust authorization and management procedures for the use of confidential informants. Proper risk management and management oversight would probably have prevented this embarrassing incident which, as VPD Cmdr. Dave King noted, put the department in potentially litigious situations and allowed the credibility of the agency to be impacted.

Should police be allowed to use cell phone tracking data?

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The American Civil Liberties Union is questioning US law enforcement agencies’ use of cell phone tracking data to locate individuals, suggesting that it could infringe upon privacy rights. In an article by ksl.com, the Sheriff of Salt Lake County is reported as saying that additional procedures would require too much time for budget-strapped agencies, while the Chief of Salt Lake City Police explains that cell phone tracking has been successfully used to locate criminals and suicidal individuals.

ACLU wants to ensure that sufficient procedures and protection is in place to make sure that cell phone data is only requested when necessary and proportionate. ACLU of Utah Executive Director Karen McCreary said, “The Fourth Amendment requires that law enforcement demonstrate probable cause and obtain a warrant before accessing private information about an individual. Utahns have a right to know if, how, and how often they are being tracked by the police.”

34 ACLU affiliates across the USA are requesting law enforcement agencies to reveal when, why and how they are using cellphone data to track individuals. ACLU’s full press release can be found at http://www.acluutah.org/CellPhoneGRAMA.html.

ABM provides software to help law enforcement agencies to manage requests for communications data, ensuring that they are proportionate and necessary – abmpegasus Communications.

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.

ACLU criticises use of confidential informants in New Jersey

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The American Civil Liberties Union has published a report criticising the way that confidential informants (CIs) are used in the state of New Jersey. The report finds that some law enforcement agencies do not have policies regarding the proper management of CIs, while many of those that do have proper policies have failed to ensure that officers are trained to ensure that policies are adhered to. The report suggests that there are too many opportunities for deliberate or accidental misuse of CIs, leading to potential for injustice to occur.

Just three months ago, ACLU published a similar report criticising the state of Mississippi’s  drug enforcement system, stating that the incentives for confidential informants need to be more carefully managed.

Such lack of confidence in the management of CIs should be a cause for great concern among law enforcement agencies. It is important that officers properly asses the risk and reliability of information provided by CIs before acting upon it. If law enforcement agencies want to ensure that this is achieved, it is vital that proper policies and procedures are in place and properly communicated to officers. Managers need to have oversight of all interaction with CIs.

In the United Kingdom, legislation and best practice has helped to ensure that CIs are managed in a safe and compliant way. Software, such as abmpegasus Source Management, helps to make sure that proper procedures are followed and that the use of CIs is fully assessed for risk and authorised accordingly.

ACLU’s report, “An Exploratory Study of the Use of Confidential Informants in New Jersey” can be found at http://www.aclu-nj.org/downloads/0611ACLUCIReport.pdf and “Numbers Game: The Vicious Cycle of Incarceration in Mississippi’s Criminal Justice System” can be found at http://www.aclu.org/prisoners-rights/numbers-game-vicious-cycle-incarceration-mississippis-criminal-justice-system

http://media.nj.com/ledgerupdates_impact/other/report.pdf

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