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.)