Criminal Investigations CJ 210 Week 3 Seminar

Week 2, Questions??? Does anyone have any questions concerning week 2? Does anyone have any questions concerning week 2? Does anyone have any questions concerning week 3? Does anyone have any questions concerning week 3? Are there any questions concerning any of the projects? Are there any questions concerning any of the projects? Remember if you have a question problem or concern me ASAP. Remember if you have a question problem or concern me ASAP.

Probable Cause What is Probable Cause? Is it important? Why is it important? When do you need to have probable cause. If you have probable cause does the investigator have to arrest right away? Why would or wouldn’t an investigator arrest an offender if P.C. exists?

Probable Cause Probable Cause of P.C. is difficult to explain or define. Probable Cause of P.C. is difficult to explain or define. One of the best definitions is… One of the best definitions is… Probable Cause – “More than mere suspicion but less than actual knowledge”. Probable Cause – “More than mere suspicion but less than actual knowledge”. Generally there must be a concrete fact or piece of evidence that the infraction has occurred. Generally there must be a concrete fact or piece of evidence that the infraction has occurred.

Probable Cause The idea that P.C. exists must be backed up by something tangible and the investigator must be able to “articulate”, his /her P.C. to the legal body or authority (Judge, Government Attorney, Magistrate or Grand Jury). The idea that P.C. exists must be backed up by something tangible and the investigator must be able to “articulate”, his /her P.C. to the legal body or authority (Judge, Government Attorney, Magistrate or Grand Jury).

Probable Cause P.C. is extremely important in arrest and warrant (Arrest and search) situations. P.C. is extremely important in arrest and warrant (Arrest and search) situations. P.C. is needed to arrest a suspect. P.C. is needed to arrest a suspect. P.C. is needed to obtain a search or arrest warrant. P.C. is needed to obtain a search or arrest warrant. P.C. is needed by the investigator to act in a way where a individual’s constitutional rights are going to be taken or removed. P.C. is needed by the investigator to act in a way where a individual’s constitutional rights are going to be taken or removed.

Probable Cause Articulating Probable Cause. Articulating Probable Cause. Being to write or speak of the reason the individuals rights were taken. Being to write or speak of the reason the individuals rights were taken. The investigator must be able to explain why he / she did what they did. The investigator must be able to explain why he / she did what they did. The investigator should be able to support their “argument” or reason for the arrest or need for a search warrant. The investigator should be able to support their “argument” or reason for the arrest or need for a search warrant.

Probable Cause Example 1 – Arrest or a person. Example 1 – Arrest or a person. Arrest without warrant. Example 2 – Application for an arrest warrant. Example 3 – Application for a search warrant. Example 4 – Exigent Circumstances.

Break Take ________ minutes. Take ________ minutes. Get a drink. Get a drink. Get a snack Get a snack Go to the bathroom. Go to the bathroom. Check on the kids. Check on the kids. Make sure you have your book (or capter if e book). Make sure you have your book (or capter if e book). Then get on back. Then get on back. Get ready to get going again. Get ready to get going again.

Informants One of the most common ways that investigators obtain information about crimes or suspects / offenders. One of the most common ways that investigators obtain information about crimes or suspects / offenders. Informants can be anyone. Informants can be anyone. Witnesses Witnesses Defendants Defendants Criminal Associates Criminal Associates Concerned citizens Concerned citizens Police Officers Police Officers

Informants Types of informants Types of informants Volunteer Volunteer Paid Paid Anonymous Anonymous Methods Methods Open Open Confidential Confidential Page 226 of text book Page 226 of text book

Informants Motives for people to become informants Motives for people to become informants Self Serving Self Serving Cut a deal Cut a deal Eliminate Competition Eliminate Competition Build a line of credit. Build a line of credit. Mercenary Informants Mercenary Informants Self-Aggrandizement Emotional Informants Fear Revenge or Jealousy

Informant Motivation Repentance Repentance Gratitude Gratitude Civic Duty Civic Duty Informants must have the opportunity to inform. Informants must have the opportunity to inform. Who was the most famous informant in history? Who was the most famous informant in history?

Most Famous Informant

History’s Most Famous Informant. W. Mark Felt. W. Mark Felt. Aka “Deep Throat” Aka “Deep Throat” Case : Watergate Case : Watergate A High Ranking FBI agent. A High Ranking FBI agent. Exposed the reason for the watergate break in and arrest. Exposed the reason for the watergate break in and arrest. An informant who was a cop working for reporters. An informant who was a cop working for reporters.

Deep Throat 1972, Washington DC, 5 men are arrested for breaking into the DNC’s Headquarters at the Watergate Complex. 1972, Washington DC, 5 men are arrested for breaking into the DNC’s Headquarters at the Watergate Complex. Deep Throat connected the 5 men to a group who was committed to re electing Richard Nixon for President. Deep Throat connected the 5 men to a group who was committed to re electing Richard Nixon for President. Ultimately he connected the break in to President Nixon who resigned facing impeachment. Ultimately he connected the break in to President Nixon who resigned facing impeachment.

Rachel Hoffman

Use of Informants by Police Rachel’s Law – Tallahassee, Florida 2008 Rachel’s Law – Tallahassee, Florida 2008 Rachel Hoffman was a college student who was a small time drug user. Rachel Hoffman was a college student who was a small time drug user. She was arrested for possession of prescription drugs and Marijuana. She was arrested for possession of prescription drugs and Marijuana. At the time she was on probation for drug offense and in court ordered drug treatment. At the time she was on probation for drug offense and in court ordered drug treatment.

Rachel’s Law Tallahassee Police Officers tell Rachel they can make her new charges “go away” if she goes to work as an informant for them. Tallahassee Police Officers tell Rachel they can make her new charges “go away” if she goes to work as an informant for them. TPD use Hoffman to meet with two known higher level drug dealers to purchase a gun and a large amount of drugs. TPD use Hoffman to meet with two known higher level drug dealers to purchase a gun and a large amount of drugs.

Rachel’s Law Hoffman meets with the drug dealers and the surveillance devices she had malfunctioned. Hoffman meets with the drug dealers and the surveillance devices she had malfunctioned. She disappeared when officers arrived at the deal location, no one was there. Police found one sandal and two spent shell casings. She disappeared when officers arrived at the deal location, no one was there. Police found one sandal and two spent shell casings. He body was found 50 miles away. He body was found 50 miles away.

Rachel’s Law Hoffman’s family demands answers. Hoffman’s family demands answers. State agents investigate. State agents investigate. Finds major flaws in the police procedure both in the police operation of the drug deal where Rachel was killed and the recruitment of Rachel as an informant. Finds major flaws in the police procedure both in the police operation of the drug deal where Rachel was killed and the recruitment of Rachel as an informant. Hoffman’s family creates Rachel’s Law. Hoffman’s family creates Rachel’s Law.

Rachel’s Law Rachel’s Law passed in 2009 in Florida. Rachel’s Law passed in 2009 in Florida. Signed by Governor Christ Signed by Governor Christ The police cannot recruit informants without explaining all of the requirements of becoming a police informant. The police cannot recruit informants without explaining all of the requirements of becoming a police informant. Potential Police informants have the right to legal council prior to agreeing to become an informant. Potential Police informants have the right to legal council prior to agreeing to become an informant.