Confidential Informants

He baffled and eluded law enforcement officers for nearly two decades. In the end, however, it wasn't the painstaking forensic analysis of hundreds of pieces of crime scene evidence that led to the capture of the Unabomber-but the lucky tip of an informant. Truth of the matter is, for all their sophistication and hi-tech science, crime-fighting techniques such as fingerprint and DNA analysis are a factor in less than one percent of all criminal cases. In the overwhelming number of crimes, informants have provided the necessary ammunition needed to bring criminals to justice, from Genovese to Gotti and Capone to Dillinger. Confidential Informant: Understanding Law Enforcement's Most Valuable Tool explores the covert and clandestine world of informants-revealing the secrets of how to find them and make the most out of them, while at the same time, avoiding the pitfalls of dealing with them. Using case studies in which informants played key roles in solving crimes, the book examines all aspects of informant development and management, from the motivation of the informant to the legal problems that accompany the use of informants in criminal cases. Written by John Madinger, a former narcotics agent, supervisor and administrator, and currently a Senior Special Agent with the Criminal Investigation Division of the Internal Revenue Service, Confidential Informant: Understanding Law Enforcement's Most Valuable Tool examines the emotional and behavioral characteristics of the informant, as well as the psychology of trust and betrayal. The book also illustrates techniques for improving interviewing and communication skills when dealing with informants, and provides invaluable forms that can be used in connection with these vital sources of information.

Human sources, also known as confidential informants, are an essential law enforcement resource in the fight against crime and terrorism. How they are managed has changed little over the years. This book provides law enforcement with details of how to manage human sources, in line with the goals of intelligence-led policing, and in a way that maximizes the amount of information obtained. The book is based on over 35 years of real-world experience and uses research gained from interviews carried out internationally, with hundreds of law enforcement officers. It delivers the structures necessary to ensure ethical behavior and to minimize the risk of corruption. It includes details of new methods that apply psychology, to gain a much greater amount of more accurate information, in interviews with human sources. Written by an internationally recognized expert, it is essential reading for anyone interested in how informants should be managed.

While confidential informants (CI’s) can play a crucial role in police investigations, they also have the potential to cause great harm if they are dishonest. The process by which police agencies qualify a CI to work and the strength of agency policy may be the source of the problem. This Brief examines the integrity problem involving CIs in police operations within the United States, provides an overview of pitfalls and problems related to veracity and informant integrity including the difficulties in detecting when a CI is lying, and compares the provisions of actual published police policy to the model CI policy published by the International Association of Chiefs of Police (IACP). The analysis shows a wide divergence between actual police policy and the national standard promulgated by the IACP. The Brief provides policy recommendations for improving use of CIs that can potentially reduce or eliminate integrity problems that can lead to organizational accidents such as wrongful arrests and convictions, injuries or deaths. Some Courts have issued measures to ensure that information received from CIs is reliable by examining sworn testimony and documents related to their work. However, as this Brief explores, this judicial effort arises only after a police operation has taken place, and the use of force – even deadly force—has already been employed. The author proposes integrity testing beforehand, which would allow police to have a greater understanding of a CI’s motivation, ability and veracity when conducting law enforcement operations. In addition, there are aspects of police policy that can enhance CI management such as training, supervision and entrapment that can further guard against integrity problems. Although integrity testing is not flawless, it does interpose an additional step in the CI management process that can help guard against wrongful conviction and perjury that harms the judicial process.

Informants are an invaluable, often instrumental aspect of criminal investigations, but they do present certain management issues. In the necessarily clandestine world they inhabit, the imposition of institutional control presents unique challenges. Lack of training and communication among law enforcement professionals tend to ensure the same error

Domestic drug enforcement takes many forms, from the rural patrol officer who happens upon a small-scale mobile “shake and bake” methamphetamine lab during a routine traffic stop, to the city narcotics detective who initiates a low-level buy-bust operation that nets a few hits of crack cocaine on the street corner, to the local, state, and federal agents working in multiagency task forces that coordinate a sting operation that nets thousands of kilos of near-pure cocaine being transported by tractor-trailer. Regardless of the form, there is a high probability that these authorities have exploited access to known offenders and exerted pressure on those individuals to gather inside information on illicit drug sales. These confidential informants provide intelligence on the inner workings of drug operations in exchange for leniency or remuneration, providing a relatively cheap source of intelligence that fuels much of the ongoing war on drugs. In other instances, law enforcement authorities will reach out to members of the criminal underworld who are willing to provide valuable intelligence in exchange for money. Despite the central role of informants in contemporary police operations, little is known about the shadowy relationships among law enforcement, snitches, and offenders. Based on ethnographic fieldwork in the narcotics, homicide, and street-level vice operations in two major metropolitan police departments, Speaking Truth to Power takes readers to the front lines of the war on drugs to unravel this complex web of information exchange.

The use of informants has been described as the "black hole of law enforcement." Failures in the training of police officers and federal agents in the recruitment and operation of informants has undermined costly long-term investigations, destroyed the careers of prosecutors and law enforcement officers, and caused death and serious injuries to innocent citizens and police. In many cases, the events leading to disaster could have been avoided had the law enforcement agency followed the time-tested procedures examined in this book. Informants, Cooperating Witnesses, and Undercover Investigations: A Practical Guide to Law, Policy, and Procedure, Second Edition covers every aspect of the informant and cooperating witness dynamic—a technique often shrouded in secrecy and widely misunderstood. Quoted routinely in countless newspaper and magazine articles, the first edition of this book was the go-to guide for practical, effective guidance on this controversial yet powerful investigative tool. Extensively updated, topics in this second edition include: Sweeping changes in the FBI and ICE informant and undercover programs New informant recruiting techniques Reverse sting operations Entrapment issues Examination of recent high-profile cases where the misuse of informants resulted in lawsuits and legislation The changing nature of compensation and cooperation agreements Forfeiture, informants, and rewards The management of controlled undercover purchases of evidence Challenges posed by fabricated information, phantom informants and police corruption Witness security measures New whistleblower reward programs Authoritative, scholarly, and based on boots-on-the-ground experience, this book is written by an author who has been a police supervisor, an informant recruiter and handler, an undercover agent, and an attorney. Supported by statutes, case law, and previously unpublished excerpts from law enforcement agency manuals, it is essential reading for every police officer, police manager, prosecutor, police academy trainer, criminal justice professor, and defense attorney. This book is part of the Practical Aspects of Criminal and Forensic Investigations series.