Police Operations: Criminal Investigation

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Transcript Police Operations: Criminal Investigation

Chapter 6:
Police Operations:
Criminal Investigation
Part 2: Police Work as a Profession
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
Chapter
6: Police
Operations: Criminal
Investigation
© 2010,
2005,
2002,River,
1999NJ
Pearson
Education,
Inc.
The Police: An Introduction,
Fourth Edition
Upper
Saddle
07458.Higher
• All Rights
Reserved.
By Michael D. Lyman
Pearson Prentice Hall - Upper Saddle River, NJ 07458
This Chapter will enable you to…
Chapter 6:
Police Operations:
Criminal Investigation
• Discuss the role of police
investigations.
• Understand different resources
available to police investigators.
• Understand the ways in which the police
share the responsibility of investigative
function with the patrol.
• Identify & explain the goals of criminal investigation.
• List & discuss the various responsibilities, and
constitutional concerns of the criminal investigator.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
© 2010,
2005,
2002,River,
1999NJ
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Pearson Prentice Hall - Upper Saddle River, NJ 07458
THE INVESTIGATION FUNCTION
Chapter 6:
Police Operations:
Criminal Investigation
• The investigator pursues a narrowly defined role in
policing, according to Poland:
– “…the detective, by virtue of his or her expertise and
lack of responsibility for responding to citizen's calls for
assistance, will be able to solve the case.
– …Thus the detective is the premier crime fighter among
police. Therefore, a position as a detective is often a
career aspiration for police officers."
• High-quality investigations are important to the
performance & accountability of any police
department.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
© 2010,
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2002,River,
1999NJ
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THE INVESTIGATION FUNCTION
Chapter 6:
Police Operations:
Criminal Investigation
• The term criminal investigation can be defined as a
method of reconstructing the past, so the facts and
circumstances of a crime can be better understood.
• Though detectives investigate crimes, modern police
departments also delegate this function to members
of the patrol division as well
• Other police personnel are also included in the task.
– Records clerks, crime analysts, and communication
personnel often take the initiative to search and to
provide information to detectives in investigations.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
© 2010,
2005,
2002,River,
1999NJ
Pearson
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• All Rights
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TYPES OF INVESTIGATIONS
Chapter 6:
Police Operations:
Criminal Investigation
• Basic types of investigations commonly undertaken:
– Violations of the law.
– Personnel investigations to determine suitability for
employment/promotion or as a result of allegations of
wrongdoing.
– Organized crime investigations, which if left unchecked
would result in an increase of vice-type criminal activity
and related violence.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
© 2010,
2005,
2002,River,
1999NJ
Pearson
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• All Rights
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Pearson Prentice Hall - Upper Saddle River, NJ 07458
TYPES OF INVESTIGATIONS
Chapter 6:
Police Operations:
Criminal Investigation
• Criminal investigations are conducted for three basic
purposes:
– As a reactive measure to follow up on the occurrence
of a crime that has already been committed.
– As a proactive measure to monitor crimes as they occur.
– As a preventive measure to ensure certain crimes will
not be committed.
• The basic premise behind criminal investigation is
that people are not perfect, and they make mistakes.
– Investigators believe all suspects will leave something
behind to identify them as the perpetrators.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
© 2010,
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2002,River,
1999NJ
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THE GOALS OF
CRIMINAL INVESTIGATION
Chapter 6:
Police Operations:
Criminal Investigation
• A thorough investigation can accomplish many
objectives and produce many results, including:
–
–
–
–
–
–
Ascertain if a crime has been committed.
Determine the jurisdiction of the crime.
Procure evidence in a legal fashion.
Identify & arrest the suspect in the crime.
Recover stolen property.
Identify associates and clients (customers) of large
criminal organizations.
– Present evidence to prosecutors in an orderly manner.
– Support testimony in court proceedings.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
© 2010,
2005,
2002,River,
1999NJ
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PATROL INVESTIGATIONS
Chapter 6:
Police Operations:
Criminal Investigation
• It is the patrol division that will be the first to respond
to the scene of a crime in many cases.
– Patrol officers will generally offer initial assistance to
victims, and have first opportunity to learn information
about the perpetrator, motive, and other details.
• The patrol officer will first identify witnesses at the
crime scene and may even apprehend the suspect.
• In crimes such as burglary & larceny, the patrol
officer determines types of evidence to document.
• In cases requiring specialized training, like organized
crime offenses, a full-time investigator is required.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
© 2010,
2005,
2002,River,
1999NJ
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UNDERCOVER INVESTIGATIONS
Chapter 6:
Police Operations:
Criminal Investigation
• Criminal investigations can also be proactive in
nature, occurring when a crime has not yet been
committed, but there is reason to believe it will.
• Typically, undercover investigations take place with
multiple jurisdictions working together, to pool
resources & manpower.
• As a rule, undercover investigations focus on illicit
drug investigations, sting operations, gambling,
prostitution, and the buying of stolen goods.
– Decoy operations target robbery, burglary & assault,
prostitution, and organized crime.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
© 2010,
2005,
2002,River,
1999NJ
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UNDERCOVER INVESTIGATIONS
Chapter 6:
Police Operations:
Criminal Investigation
• Federal undercover operations generally attempt to
detect & arrest people involved in official or political
corruption, insurance fraud, and labor racketeering.
– Recent federal investigations have focused on terrorism
& identifying sleeper cells where operations are planned.
• Because of the covert nature of their assignments,
undercover investigators do not wear uniforms.
– They dress in a manner that fits in with the persons they
are investigating.
• They drive vehicles that cannot be identified as
police vehicles, and assume fictitious identities.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
© 2010,
2005,
2002,River,
1999NJ
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Chapter 6:
Police Operations:
Criminal Investigation
UNDERCOVER INVESTIGATIONS
• A deep cover investigator may pose as an employee
of the water/light/telephone company for the purpose
of access to a suspect’s residence or place of work.
– The investigator may spend lengthy periods of time with
criminal targets & associates in order to gain their trust.
– Deep cover assignments are extremely dangerous,
as the officer typically works without supervision or
surveillance from other officers.
• In Light cover officers associate directly with the
criminal targets, but for only short periods of time.
– Sometimes even a matter of minutes.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
© 2010,
2005,
2002,River,
1999NJ
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UNDERCOVER INVESTIGATIONS
Chapter 6:
Police Operations:
Criminal Investigation
• Undercover investigations are fraught with danger
and psychological pitfalls for the investigator.
– Family & social relationships can suffer because
investigators are forbidden from discussing cases.
• Long, trying hours can lead to burnout, resulting in
complacency, where an investigator loses focus and
might misread a potentially dangerous situation.
• Investigators who have spent long periods of time
undercover often find it difficult to return to their role
as a patrol officer.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
© 2010,
2005,
2002,River,
1999NJ
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THE ROLE OF THE
INVESTIGATOR
Chapter 6:
Police Operations:
Criminal Investigation
• Investigators specialize in activities related primarily
to law enforcement.
– Patrol officers spend much of their time on ordermaintenance & provision of general services.
• Detectives gather crime information, effect arrests,
and prepare cases for prosecution and trial.
– They must observe constitutional restraints while
conducting their duties, and satisfy the needs of the
public and the victim.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
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2002,River,
1999NJ
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GATHERING INFORMATION
Chapter 6:
Police Operations:
Criminal Investigation
• Important tasks of investigators include rapid
response to crime scenes; searching crime scenes;
and identifying, collecting & preserving evidence.
– The investigator must be familiar with the department's
computer & records system.
• Interviews are often useful in identifying suspects,
which may lead to an arrest.
– Success of the interview will often depend on verbal
communication skills, and ability to demonstrate
sensitivity & perception during the interview process.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
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FIELD OPERATIONS
Chapter 6:
Police Operations:
Criminal Investigation
• The investigator is also called upon to conduct field
services such as stakeouts or surveillances.
• These operations typically require the investigator
to have knowledge of technical equipment.
– Concealed microphones & sophisticated photo
equipment.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
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CASE PREPARATION
Chapter 6:
Police Operations:
Criminal Investigation
• When an offender is not identified promptly, the
criminal investigation may take a number of
directions.
– If a suspect identity is known, victims & witnesses can
aid the investigator in apprehension and conviction.
• Cases involving an unidentified perpetrator present
the greatest challenge.
– Interviews with victims regarding may give information
indicating the suspect's motive & opportunity.
– Field reports by patrol officers, fingerprints and other
trace evidence also provide significant leads.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
© 2010,
2005,
2002,River,
1999NJ
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Chapter 6:
Police Operations:
Criminal Investigation
CASE PREPARATION
• When searching for clues, the investigator should
consider four fundamental realms of information
about the suspect's incentive to commit the crime:
–
–
–
–
The victim's background.
The benefits of the crime.
The opportunity to commit the crime.
Knowledge to commit the crime.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
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2002,River,
1999NJ
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IDENTIFYING THE METHOD
OF OPERATION
Chapter 6:
Police Operations:
Criminal Investigation
• A suspect's method of operation (MO) should be
identified in case it is used again.
– In recent years it has become more common for
suspects to adopt different methods of operation.
• Investigators should at least attempt to identify
established methods, as some criminals prefer to
stay with techniques that work well for them.
– Once the MO is identified, a pattern of victims,
locations, and other variables can possibly be
recognized.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
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2005,
2002,River,
1999NJ
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CRIME SCENE
RESPONSIBILITIES
Chapter 6:
Police Operations:
Criminal Investigation
• The crime scene can be defined as the area in which
the suspect(s) and victim(s) maneuver during the
commission of the crime.
– It typically involves only one location.
– It can include several sites, as in the case of
a struggle between victim and assailant.
• Law enforcement officers should attempt to define
the exact boundaries of the crime scene.
– Once accomplished, the scene should be protected from
unauthorized persons who might inadvertently destroy or
alter evidence.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
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2002,River,
1999NJ
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CRIME SCENE
RESPONSIBILITIES
Chapter 6:
Police Operations:
Criminal Investigation
• The crime scene provides an opportunity for the
discovery of evidence it is hoped will identify the
person responsible.
– Fingerprints; Clothing particles; Bodily fluids, blood,
or saliva; Personal items left by the suspect.
• In addition to leaving evidence at the scene, a
suspect may have taken evidence from the scene
– Such as soil samples or blood.
• Once the suspect has been identified, an investigator
should collect evidence from both the suspect and
the crime scene location for comparison.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
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THE PRELIMINARY
INVESTIGATION
Chapter 6:
Police Operations:
Criminal Investigation
• It is also essential for the first officer on the scene to
make notes regarding the general condition of the
crime scene.
– Was the door ajar or any windows open?
– Was any furniture overturned?
– Were there any odors?
• The identification, collection, and preservation of
physical evidence is critical to identification &
prosecution of the suspects.
– Fingerprints, impressions, weapons, blood, fabric
from clothing, cigarette butts, etc.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
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LOCATING PHYSICAL EVIDENCE
Chapter 6:
Police Operations:
Criminal Investigation
• A search of the crime scene should begin with the
most logical locations for the crime in question:
– Escape routes that appear most likely for the suspect.
– Locations where suspects might be tempted to discard
a weapon
– The suspect's point of entry
– The route followed by the suspect once he/she arrived
on the crime scene
– Any objects or locations that might have attracted the
criminal. (e.g., a safe)
– Unusual areas such as the bathroom or the kitchen.
The Police: An Introduction, Fourth Edition
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LOCATING PHYSICAL EVIDENCE
Chapter 6:
Police Operations:
Criminal Investigation
• A walk-through by officers can reveal much of how
and where the crime occurred.
– Care should be taken, as fingerprints may
need to be processed and photographs taken.
• A search should be thorough and comprehensive.
• Locations of evidence location must be recorded
by photographs and/or sketches before it is moved.
– Once this information is well documented, items can be
moved for storage and transportation to the crime lab.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
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COLLECTION AND
PREERVATION OF EVIDENCE
Chapter 6:
Police Operations:
Criminal Investigation
• The process of evidence collection requires the
investigator to be mindful of the roles of both lawyer
and scientist.
– Evidence must be systematically accumulated, separate
from all other evidence, to prevent contamination.
– It must be maintained in its original condition & not
altered in any fashion or confused with other items of
evidence.
– For evidence to be admissible in court, it must be readily
identifiable by the officer who collected it at the scene.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
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1999NJ
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THE CHALLENGE OF
ELECTRONIC EVIDENCE
Chapter 6:
Police Operations:
Criminal Investigation
• Computers and other electronic devices are used
increasingly by criminals to perpetuate crimes
against people, organizations, and property.
• Electronic evidence is increasingly important, and
can be defined as…
– “…information and data of investigative value that
is stored or transmitted by an electronic device."
• Such evidence is often acquired when computers,
CDs, DVDs, flash drives, PDAs & cell phones are
identified at a crime scene or seized from a suspect.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
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THE CHALLENGE OF
ELECTRONIC EVIDENCE
Chapter 6:
Police Operations:
Criminal Investigation
• Special equipment and software are needed to
"see" and evaluate electronic evidence.
– When presented in court, expert testimony may be
required to explain the evidence was acquired, and
the examination process used to interpret it.
• In 2004, the government-sponsored Technical
Working Group for Examination of Digital Evidence
(TWGEDE) recommended digital evidence…
– “…should be acquired in a manner that protects and
preserves the integrity of the original evidence and that
examination should be conducted only on a "copy" of
the original evidence.”
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
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2005,
2002,River,
1999NJ
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Chapter 6:
Police Operations:
Criminal Investigation
PROFILING
• From the earliest beginnings of criminal investigation,
detectives have focused on relatively superficial
characteristics to identify suspects.
– Height, weight, race, gender, age, accent, etc.
• Profiling has evolved over the last 30 years with the
FBI's increasing understanding of serial murder.
– Profilers dig into suspect personalities, psyches,
pathologies & resultant behaviors.
• Profiling can be reactive or proactive.
– Reactive profiling tries to solve previous crimes.
– Proactive profiling attempts to interdict & stop crimes.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
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2002,River,
1999NJ
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Chapter 6:
Police Operations:
Criminal Investigation
PROFILING
• Profiling uses pattern recognition, conclusions in
assessing criminal suspicion & data sharing data.
• Profilers also use…
– Travel patterns; Socioeconomic status.
– Clothing; Geographic locations.
– Race, sex, and religion.
• Among the most controversial elements of profiling.
• It is essential to distinguish types of profiling:
– Racial, psychological & geographic profilings are
violations of civil rights.
– Criminal profilings are accepted tools for investigators.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
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2002,River,
1999NJ
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SURVEILLANCE
Chapter 6:
Police Operations:
Criminal Investigation
• The term surveillance can be defined as surreptitious
observation of persons, places, or things.
• Surveillance can be fixed (stationary), moving, or
electronic in nature.
– Fixed surveillance can either be covert, with undercover
or plainclothes officers, or overt, with uniformed officers.
– Moving surveillances usually require unobtrusive
vehicles, two-way radios & knowledge of the area.
– Electronic surveillance includes wiretaps, and electronic
audiovisual devices like concealed voice transmitters,
bumper beepers, pen registers, and night-view devices.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
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SURVEILLANCE
Chapter 6:
Police Operations:
Criminal Investigation
• Because a wiretap is considered as the greatest
encroachment on one's privacy, it must be conducted
pursuant to law, and with an authorizing court order.
• Surveillance might be thought of as an independent
investigative technique, but is used most effectively
in conjunction with other traditional techniques.
• Surveillance can be costly, due to the number of
officers, special equipment & overtime needed to
maintain long periods of observation.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
© 2010,
2005,
2002,River,
1999NJ
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POLICE LINEUPS
Chapter 6:
Police Operations:
Criminal Investigation
• Over the years, the Supreme Court has allowed
certain forms of non-testimonial evidence for the
purpose of identifying suspects in criminal cases.
– One of the most common is the police lineup.
• In a lineup, a suspect is placed together with several
other people, and the victim or a witness is allowed
to view them and pick out the suspect.
• Constitutional considerations have generally focused
on the fairness of this technique and on the suspect's
right to counsel during the procedure.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
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1999NJ
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THE PHOTO LINEUP
Chapter 6:
Police Operations:
Criminal Investigation
• If the suspect is not in custody, the investigator can
conduct a photo lineup to determine identification.
– If administered correctly, it will not only identify possible
suspects, but eliminate innocent persons from suspicion.
• Use of only a single photo will taint the identification
procedure and jeopardize the case.
– To ensure a fair and legal outcome of the photo lineup
procedure, a minimum of five photos should be used.
– It should be pointed out to the witness that it is not
necessary for an identification to be made.
• It is a good idea to videotape the lineup process.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
© 2010,
2005,
2002,River,
1999NJ
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INFORMANTS
Chapter 6:
Police Operations:
Criminal Investigation
• Police rely, to a great extent, on information from
citizens in investigation & prosecution of suspects.
– The term informant can be defined as anyone
offering information to law enforcement.
• Informants can aid an investigation in many ways:
– Prevent crimes devised, but not yet acted out.
– Help locate suspects & stolen property in crimes.
– Create dissension within criminal groups, by providing
information resulting in arrests
• The manner in which informants can best be utilized
rests with the timely identification of their motivations.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
© 2010,
2005,
2002,River,
1999NJ
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Chapter 6:
Police Operations:
Criminal Investigation
INFORMANTS
• There are many types of informants…
– Those who offer information out of a sense of civic duty.
– Those who are money motivated.
– Those who harbor other motivations
• Fear, revenge, and competition.
• The informant may be anonymous, offering his/her
information over the telephone or through a "crime
stoppers" program, where they are not identified.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
© 2010,
2005,
2002,River,
1999NJ
Pearson
Education,
Inc.
Upper
Saddle
07458.Higher
• All Rights
Reserved.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
INFORMANTS
Chapter 6:
Police Operations:
Criminal Investigation
• Informants should be assigned to one control officer,
with a second officer as a backup.
– All contacts should be made with the primary officer.
– The backup officer becomes acquainted with the
informant by attending occasional meetings.
• Dealing with informants can be laden with problems.
– A major responsibility is to continually evaluate the
reliability of the informant.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
© 2010,
2005,
2002,River,
1999NJ
Pearson
Education,
Inc.
Upper
Saddle
07458.Higher
• All Rights
Reserved.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
THE SECRET INFORMANT
Chapter 6:
Police Operations:
Criminal Investigation
• In court, informant information is considered as
hearsay, and will be evaluated for reliability.
– If deemed reliable & credible, it can be
accepted under certain conditions.
– If the court is doubtful, the information may be rejected.
• Source of the information is the primary question.
– Who is the informer?
• In many states, as well as the federal government, if
identity of the informant cannot be kept secret, the
prosecution must either disclose the informant's
identity, or dismiss the case.
The Police: An Introduction, Fourth Edition
By Michael D. Lyman
© 2010, 2007, 2004, 2000, 1995 Pearson Higher Education,
© 2010,
2005,
2002,River,
1999NJ
Pearson
Education,
Inc.
Upper
Saddle
07458.Higher
• All Rights
Reserved.
Pearson Prentice Hall - Upper Saddle River, NJ 07458