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is
sometimes
termed
"tailing"
or
Basic Precautions.
a. During the course of surveillance, remain inconspicuous.
Regardless of the actions or tricks of the subject, avoid any odd
behavior or conspicuous action. Such would single you out. Do
not use theatrical disguises, such as false beards. They are
impractical, hard to maintain, and easily detectable. Do not make
abrupt, unnatural moves from doorway to doorway or from tree to
tree. Do not take other similar actions which are unnecessary and
attract attention. You should, however, when following a subject,
shift from left to right. Never remain directly behind the subject.
Use both sides of the street. When in a dangerous neighborhood,
walk on the curb side of the sidewalk. This precludes the
possibility of being attacked from doorways or alleys. It also
affords you the best observation vantage point.
b. Never look straight into the subject's eyes. If you must do so
while facing him, look just behind him or at his feet. Don't appear
to be too innocent. You must overcome the tendency to believe
that the subject has "made" (identified) you. You may believe it
because he glances at you several times. There is seldom a real
basis for this belief; it arises merely from inexperience and selfconsciousness. If you are actually "made," you can normally tell
by the actions of the subject. He usually takes delight, then, in
showing that he is aware of your surveillance. If you are positive
that you have been "made" by the subject, you should, during a
loose surveillance, stop the surveillance. When doing so, take
care that the subject does not turn surveillant. He may follow you
in an effort to learn who is shadowing him and why.
c. The topography of the area to be surveilled should be studied
inadvance. Then areas or objects that will deny or mark
observation can be avoided. Be aware of the location of cul-desacs or "dead end" streets or alleys. This will help you avoid being
trapped or discovered. Note the general characteristics of the
neighborhood. Note transportation and pedestrian routes, access
to the egress from freeways, and other physical features before
commencing the surveillance.
2
Figure
3-4.Variation
of
the
"ABC"
2.8.Techniques of Vehicle Surveillance.
Technique,
Sample
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who pretends to be a friend) and even family members who covertly gather
evidence against those with whom they have a personal relationship. The
interaction can occur in places that are legally public and visible to the
public, as on a street corner, or it may occur on private property and/or in
places that are not visible. In such private settings an overt investigation
requires a search warrant, but in the undercover context the search is
deemed to be voluntary and hence there is no warrant requirement.
The police use of deception as a tool for gathering evidence can be viewed
as a necessary evil in a context in which police face legal and logistical
limitations when investigating crimes of a consensual nature that do not
involve a direct victim as with vice or bribery; those in which victims may be
unaware and thus not complain, as is frequently the case with white collar
crimes such as consumer fraud; those where witnesses and victims are
intimidated, rewarded, or indifferent and do not report crimes or cooperate
with authorities; and those where there are well-organized and well-insulated
criminal groups engaged in complex violations, against whom it is difficult to
gather evidence. In such contexts the law is likely to be under-enforced
relative to more easily discoverable and prosecutable offenses. Undercover
means offer a way of bringing some equity to that pattern.
The challenge is of course to prevent secret police means from becoming an
unnecessary evil, serving private goals apart from the investigation of crime
or by violating the spirit, if not the strict legality, of laws limiting police
powers and protecting civil liberties and civil rights.
Undercover methods are a more common feature of conventional criminal
investigations in the United States than in Europe. Police in the United States
face very few restrictions in their use of deception before an arrest has been
made. Even then, the use of jailhouse informers is not uncommon. Police can
go very far in offering temptations and encouragement to those they
suspect. Unlike police in much of Europe, police in the United States are
generally exempt from criminal prosecution when their undercover role
involves them in work-related violations of the criminal law.
However, in the American context, in contrast to many countries in Europe,
those arrested can use the defense of entrapment. This was initially
recognized by the Supreme Court in the 1932 Sorrells case. The government
must carefully walk the line between laying a trap for the unwary innocent
and the unwary criminal (a distinction noted in the 1958 Sherman case).
But the entrapment defense is not commonly used. To successfully use this
defense, arrested persons must convincingly argue that they were not
otherwise predisposed to the violation that occurred. This permits the
prosecution to introduce any relevant prior criminal record to prove the
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Undercover operations can be very costly to other values and have the
potential for unintended consequences and abuse, relative to overt means
such as when those identified as police carry out interviews, do searches,
and interrogate suspects. Civil liberties, privacy, and a general societal sense
of trust may be undermined. The practice of making deals with criminals is
troubling to some observers.
In addition, if not done cautiously and competently, the use of covert means
can increase crime and cause events that would never have happened,
absent police intervention. This could occur as a result of providing a motive
or temptation for a crime, persuading or coercing an otherwise nonpredisposed person, providing a scarce skill or resource without which the
crime could not be carried out, creating a market for the purchase or sale of
illegal goods and services, and the indirect provision of resources used for
other illegality. Resources can also be wasted in preventing actions that
would never have occurred anyway. The tactic may also harm the undercover
agent and innocent third parties.
With appropriate legal and departmental restrictions and supervision,
problems can be reduced. Problems are more likely as we move from
intelligence gathering to more active efforts aimed at deceptively shaping an
event creating criminal milieu. Offering a target for victimization usually
raises fewer problems than does carrying out preventive or co-conspiratorial
actions. Investigations based on prior intelligence or complaints that are
close to real-world criminal environments are likely to raise fewer questions
than those involving random integrity testing or the creation of an artificial
criminal environment with unduly attractive temptations.
Even with the best of intentions, personnel, and policies, the use and control
of covert tactics are more difficult than is the case with overt tactics.
Undercover work is paradoxical and of necessity involves certain risks and
tradeoffs.
Consider efforts to do good by doing bad (for example, lies, deceit, trickery),
to try to reduce crime yet unintentionally increase it, to restrict police use of
coercion associated with increased use of deception; consider seeing
criminal informers act as police and police act as criminals. There are also
conflicts between gathering intelligence and taking action that gives the
intelligence away, between rigid bureaucratic efforts to eliminate or reduce
discretion and the need for creativity and flexibility in ever-changing
situations, between prevention and apprehension, and between the
operational advantages offered by secrecy and the need for accountability.
The many contexts and types of undercover tactics and the different roles
that informers and police agents may play prevent any sweeping
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