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

 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

 1st. And 4th. Amendments (freedom of

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

 All operations must be authorized and

controlled
 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

 Initially for 3 months

 can be extended by the Committee for 3
month periods
Prohibited Conduct

 A ‘UC’ may not participate in acts of

violence
 may defend himself or others
 may not instigate or initiate any plan to
commit a crime
 may never entrap a person
– may not implant the idea to commit a crime
he is not predisposed to commit
What can be Authorized?

 Misdemeanors or other minor crimes

 consensual monitoring even if crime under
local law
 purchase of stolen or contraband goods
 delivery or sale of stolen property
 controlled delivery of drugs not for re-sale
 more serious crimes but only with approval
except in emergencies
Preparing the UC

 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

 the government is committing crimes

 the government knows of criminal
activity and ignores it
 the government is involved ‘promoting’
crime
UC Operative

 Must understand the environment in

which he or she will operate
– familiarity with customs, dress and
language
– must ‘fit in’ to be accepted