Police Information: Secondary Sources Flashcards
Officer must assess their sources and decide whether their information is reliable enough to ________ police action
Justify
(Aguilar- Spinelli)
Officers must prove two things about their sources
Veracity
Basis of Knowledge
What are the four types of sources
1) Identified citizen
2)Identifiable citizen
3)Confidential
4)Anonymous
What is an Identified Citizens
These individuals, including police officers, are willing to have their names associated with the information they provide
(Identified citizens have automatic “veracity” because they know they face consequences if they lie. They are liable in criminal and civil court)
What is Identifiable citizens
When an Officer doesn’t learn the name of a source but have enough information that allow that person to be identified
By making an ____ __________, spontaneous report to police, a citizen knows the he is identifiable, as a result, accountable
In person
Veracity is also assured when an unnamed citizen in unaware that she is speaking with a _______ ______
Police Officer
( Female talking to an undercover about where to get drugs, Officer arrested a party. This proved veracity because she didn’t any reason to fabricate the report)
______ _______ have veracity if they know their call is recorded AND there is other identifying information such as a confirmed call back number, presence at the scene, or employment information
Unnamed callers
(Calling 911 does not by itself indicate veracity. But being aware they that are recorded )
Having recording of 911 call is significant for veracity for two reasons :
1) It eliminates the possibility of police fabrication ( A major concern in assessing the validity of anonymous tips)
2) It is the best evidence of what dispatch knew (Courts recommend that prosecutors play the 911 recordings)
A ______ _____ may also establish the callers reliability for veracity
CAD sheet
What is the purpose of confidential informants
Investigators do not reveal their confidential sources to protect them and ensure they are available for future operations
The confidential informants privilege is NOT _________
Absolute
(In determining whether a court should order disclosure of an informants identity, the public interest in protecting the flow of information to law enforcement must be balanced against the individuals right to prepare a defense )
______ is usually required when the Confidential informant is an active participant at the time of the arrest
Disclosure
(Police should carefully consider whether to use a buy-bust strategy with an informant for this reason)
Confidential Informant disclosure is also required if the defendant claims ______ or points out significant inconsistencies in the governments case
Entrapment
Disclosure of a federal informant may be ordered in a ______ _____
State case
If court orders confidential informant disclosure, prosecutor may ________ the case rather than reveal the informant
Dismiss
(This is often recommended. Effective recruitment is impossible once an investigation gets a reputation for burning its informants)
The right to withhold the location of an _____ _______ is similar to the informant privilege
Observation Post
______ _______ are more difficult to rely on because their identities and background are unknown to police
Anonymous Informants
What are 4 ways to demonstrate veracity ?
1) Identified/ Identifiable
2) Track Record
3) admission of a crime
4) corroboration
Once a source is classified as ________ or ________ the source automatically has veracity
Identified or identifiable
Veracity may be shown by ______ ______ when the informant supplied correct information
past instances
The fact that a confidential informant gave information leading to a persons conviction demonstrates his _________
veracity
A confirmed _______ also demonstrates veracity
Arrest
(Officers must provide the details about the arrest that confirms the accuracy of previous tip)
The SJC has held that a _____ ______ by officers that an informants tip led to an arrest does NOT show veracity
naked assertion
(Just writing in an affidavit that an arrest has occurred does not provide enough information. More information on the arrests are needed to prove veracity. Must disclose name or docket number of prior case or an explanation of your failure to do so.)
The fact that police verified an informants _____ ______ demonstrates veracity
Past information
(This is true even if the prior information did not lead to a conviction or arrest)
Once established an informants track record applies to _____ _______
Future investigations
(The court credited the informants track record even though it was 10 years old )
Past instance with an informants ________ must be disclosed and overcome
dishonesty
( the police must disclose information that shows their confidential informant was unreliable. Once disclosed officers must show why in spite of the informants past difficulties he is reliable in the present case. if they cannot meet this burden the informant will be disqualified)
If an informant admits to participating in a _______ it helps establish veracity
Crime
(The theory is that anyone who willingly admits criminal conduct to the police must be conveying truthful information these admission of criminal conduct are also referred to as Declarations against penal interests)
For a statement to be credited (Involved in a declaration against penal interest) the informant must have reasonable fear of __________
Prosecution
(For a statement to be credited the informant must have reasonable fear of prosecution at the time he told police)
Four methods to demonstrate an informants reasonable fear of prosecution
1) Identity ( Police know the identity of the informant, anonymous informants have no fear of prosecution because they cant be identified by police.)
2) Contact information (they have the ability to contact the informant)
3) Incriminating connection (Officers should report if an informants comments were made after he was confronted with evidence of their criminal activity)
4) Warning ( it is persuasive but not required for officers to warn an informant that he can be prosecuted for past/ future crimes)
Informants may receive_______, but not a contingent fee
compensation
The fact that an informant did not receive any ________ or ________ should be noted because it demonstrates veracity
Payment or promise
What are the three ways to demonstrate basis of knowledge ?
1) Explain the source of the tip
2)Provide details
3)engage in police corroboration
(Ideally Police do all three)
ALL informants, even officers, must satisfy (provide details) the second part of the reliability test so that officers act on good __________
information
(It is especially important that the tips describe the accused’s criminal activity in sufficient detail so the police know they are relying on something more substantial that a cause rumor circulating in the underworld or accusation based on an individuals general reputation)
Officers may act on information obtained through _____ ______ without knowing its original source
Police channels
(How ever the tips legal validity must be demonstrated in court)
When reasonable suspicion or probable cause depends on a _____ ____ officers must, at some point, learn the factual basis behind the transmission
Radio broadcast
Officers should learn the source of _____ _____ information when it results in an investigative detention that leads to an arrest or search
Roll Call
____ _____ are treated the same way as a radio bulletins and roll call reports.
Wanted poster
(Officers may rely on them but a court will later decide whether the poster had an adequate factual basis for publication)
Since a ______ _____ implicates criminals with its sense of smell, the handler has to be able to explain how the it signals the discovery and why its reliable
Police dog
When proving basis of knowledge the key inquiry is ?
How does the informant know what he claims to know ?
( The answer to this question enables officers to assess where their informant has a basis of knowledge. The informants answer will reveal the source of his information and convey why police should trusts the tip)
A _________ report about an event demonstrates veracity and basis of knowledge
Spontaneous
(The reason is the report occurs before the speaker has time to fabricate)
______ show an informants basis of knowledge, even though he does not reveal the source of his information
Details
Even though it can proof basis of knowledge, _______ does not prove veracity
details
Sometimes a police informant obtains information from his own _______
Informant
(When police rely on this totem pole tip, they must be sure that the informant and the informants informant satisfy the test for veracity and basis of knowledge)
When possible officers should present _____ the source of the informants knowledge and details of his account
Both
If informants ___ contributed to reasonable suspicion or probable cause, the police and prosecutors should present this information to the court- unless there is a compelling reason not to do so
Tip
______ is independent police verification
Corroboration
(In establishing reasonable suspicion or probable cause, corroboration compensates for deficiencies in an informants veracity and/or basis of knowledge)
Corroboration can _______ a deficient tip
Rescue
Corroboration is _____if police rely on an anonymous informant
Essential
(Because police lack any knowledge of an anonymous informants background, officers must engage in independent investigation. Then the anonymous tip does not stand alone. it is supported by information confirmed by police)
Corroboration is important if the police rely on a ____ ____ confidential informant
First time
Sometimes informants information is considered reliable without _________
Corroboration
(Informant provided so much detail and information plus had a past confirmed conviction as an informant that no corroboration was needed)
What is the most common corroboration ?
Officers see a person or vehicle beat the scene of a recent crime matching the suspects description
Minor ___________ between the tip and corroboration do not defeat reasonable suspicion
Discrepancies
(Court notes: Reasonable suspicion may exist absent a full matchup of all parts of the description. Police must be allowed to take into account the possibility that some descriptive facts supplied by victims or witnesses may be in error)
A detailed tip concerning recent erratic operation provides reasonable suspicion for ______ ______
Impaired driving
Deficient _____ description may derail the case for OUI
Vehicle
View the possibility of an ______ ______ as an imminent danger to the public
Impaired driver
When sent to an OUI call for a moving vehicle look for _______ or ______ infractions upon seeing the suspect vehicle
Moving or equipment
Always stop the vehicle _______ Don’t follow in order to see if the operator engages in erratic operation
Immediately
( This risks the possibility of a collision and may, ironically , cause reasonable suspicion to evaporate if the officers observe good driving)
On an OUI call always check with the ______ for collective knowledge before writing the incident report
Dispatcher
A report that a person is carrying a ________ does not, without more, provide reasonable suspicion of unlawful possession
Firearm
(Officers must have at least one additional reason why the suspect might possess the gun unlawfully)
One of the most obvious plus factors to Possession of a fire arm if the suspect appears to be ______ _____
Under 21
(In Massachusetts it is always unlawful for a person under 21 to posses a firearm)
Plus factors to possession of a firearm (7)
1) Under 21
2) Past arrest with a gun
3) Ineligible for LTC
4) Firing the weapon
5) Pointing the weapon
6)Selling the firearm
7) Loading the firearm
(^ While a licensed gun owner might carry a firearm for protection the act of publicly leading the firearm is an event that creates reasonable suspicion that a crime has occured)
A report of a suspect _______ a firearm is more serious then simple possession
Brandishing
While ____ _____ has not been prohibited in Massachusetts and other states, police are still authorized to respond to provocative displays
Open carry
While merely carrying a gun does not create reasonable suspicion, _______ ___ does
Concealing one
What are some factors that create reasonable suspicion with gun possession (6)
1) Concealing
2) Not using a holster
3) Possession of it during a crime
4) Possession a weapon connected with crime ( Sawed off shotgun)
5) Impaired( May not possess a gun in public while intoxicated or impaired)
6) Public safety risk (When the tip describes a person who appears out of control or unconscious police must deal with the public safety threat)
A tip will not provide a basis for action unless it ______ describes the person in possession of the gun
Adequately
140/129C require a citizen to produce his _____ license on demand
Gun
( Any person who, while not being within the limits of his own property or residence or such a person whose property or residence is under lawful search shall on demand of a police officer exhibit his LTC. Upon failure to do so such a person may be required to surrender his firearm)
No _____ necessary when an officer ORDERS a citizens to produce his LTC
Miranda
When a future event develops precisely as the informant predicted this establishes ______
reliability
Multiple tips ______ one another because facts reported by individuals not acting together are likely true
corroborate
An operation that ______ a suspects criminal activity has obvious value
Confirms
( The SJC declared that a controlled purchase of narcotics provides probable cause to issue a search warrant)
Whether probable cause exists from a controlled buy at the targets apartment depends 4 factors
1) Number of apartments and building size and layout
2) Description of the inside of the targets apartment
3) Where drugs were stored
4) Whether police saw the CI enter the targets apartment, or why it was not feasible to watch closely
Since law enforcement personnel directly obtain the evidence during an _____ ____ this tactic is much less regulated than a controlled buy
Undercover buy
A ______ _____ in a multi unit apartment building requires either close monitoring or an explanation
Controlled buy
What are the 4 steps for a valid controlled buy with an informant
1) Meet-(a police officer meets the informant at a location other than where the suspected criminal activity occurring)
2) Search- ( The officer searches the informant for drugs on his person and furnishes him with money)
3)Escort- (The officer escorts them to where illegal activity is occurring. Ideally Police observe the informant enter the targets dwelling)
4) Retrieve- (The informant turns over the substance he purchased to his police handler)
Police may corroborate a suspects location and illegal activity by finding evidence in the _____
Trash
Police _____ may corroborate an informant
Surveillance
Corroboration of non-obvious ____ _____ contributes to reasonable suspicion or probable cause
Innocent Details
(Some of the most effective police corroboration concerns innocent details known by an inside player)
Referring to _____ can be a potent form of corroboration
records
